Judgment No. CCZ 12/2015 3 Const. Application No. 79/14 The protection of the fundamental rights of the child is guaranteed under s 44 of the Constitution. The provision imposes an obligation on the State and every person, including juristic persons, and every institution and agency of the government at every level to respect, protect, promote and fulfil the rights and freedoms set out in Chapter 4. The applicants contend that on a broad, generous and purposive interpretation of s 78(1) as read with s 81(1) of the Constitution, the age of eighteen years has become the minimum age for marriage in Zimbabwe. They argued that s 78(1) of the Constitution cannot be subjected to a strict, narrow and literal interpretation to determine its meaning if regard is had to the contents of similar provisions on marriage and family rights found in international human rights instruments from which s 78(1) derives inspiration. The applicants claimed the right to approach the court seeking the relief they seek under s 85(1)(a) and (d) of the Constitution. In para. 16 of the founding affidavit, the first applicant, with whom the second applicant agreed, states: “16: .... The issues I raise below are in the public interest and therefore I bring this application in terms of s 85(1) (a) and (d) of the Constitution of Zimbabwe.” In para. 21 of the founding affidavit, the first applicant states: “21. The instant application is an important public interest application that seeks to challenge the law in so far as it relates to child marriages in Zimbabwe. It is motivated by my desire to protect the interests of children in Zimbabwe.”