and in deciding the legality of the limitation, the court must take into account the nature of the right, the manner in which the limitation has been/intend to be effected, and the objective for limiting the right, whether or not there is no other less harmful manner in which the same objective can be achieved without limiting the rights concerned. This is a fundamental departure from the current status where rights are justifiably limited for public interest and public interest remains a vague concept. Such a rigorous process of justifying the limitation of rights as demanded by the COPAC draft will serve as a strong mechanism of ensuring that human rights cannot be limited so easily. It protects and gives effect to the sacredness of human rights yet ensuring that the exercise of the same rights does not undermine democracy. Remedies In terms of this draft constitution, where the court finds that the applicant’s human rights have been violated or are threatened, the court can order the following remedies;  Compensation  Declaration of rights But in terms of section 4.40 (a), the court is not necessarily limited to granting the above as remedies. The court can grant any appropriate relief to the applicant. This gives the court the discretion to determine the appropriate remedy as dictated by the particular circumstances. Interpretation The COPAC draft constitution puts human rights at the center of the interpretation of the provisions of this constitution. This gives prominence to the enjoyment and protection of human rights in Zimbabwe. The draft also directs that such interpretation must take into account international law. This is helpful as it creates an opportunity to accommodate certain aspects of democratic and good governance that are provided by international law, which may have been omitted by this constitution. This will allow the court to develop law to match international best practices. Independent commissions/state institutions supporting democracy The draft provides for the establishment of the Zimbabwe Human Rights Commission (ZHRC) and gives it a mandate that is wide enough to effectively promote the observance of human rights in Zimbabwe. Of significance is section 12.12 which amongst other things mandates the ZHRC to protect the public against abuse of power and maladministration by the state. The same section gives the commission the power to direct the Commissioner-General of police to investigate suspected cases of criminal violation of human rights as well as recommend cases of human rights violations for prosecution by the national prosecuting authority. The security sector and human rights 17