In terms of section 85 of the Constitution, certain persons may approach a court directly for the vindication of a fundamental right allegedly infringed or likely to be infringed. It provides as follows:“85 Enforcement of fundamental human rights and freedoms(1) Any of the following persons, namely:(a) Any person acting in ...
In terms of section 85 of the Constitution, certain persons may approach a court directly for the vindication of a fundamental right allegedly infringed or likely to be infringed. It provides as follows:
“85 Enforcement of fundamental human rights and freedoms
(1) Any of the following persons, namely:
(a) Any person acting in their own interests;
(b) Any person acting on behalf of another person who cannot act for themselves;
(c) Any person acting as a member, or in the interests of a group or class of persons;
(d) Any person acting in the public interest;
(e) Any association acting in the interests of its members;
is entitled to approach a court, alleging that a fundamental right or freedom enshrined in this Chapter has been, is being, or is likely to be infringed, and the court may grant appropriate relief, including a declaration of rights and an award of compensation.
(2) The fact that a person has contravened a law does not debar them from approaching a court for relief under subsection (1)....,."
