Section 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).

(3) The rules of every court must provide for the procedure to be followed in cases where relief is sought under subsection (1), and those rules must ensure that—

    (a) the right to approach the court under subsection (1) is fully facilitated;

    (b) formalities relating to the proceedings, including their commencement, are kept to a

minimum;

    (c) the court, while observing the rules of natural justice, is not unreasonably restricted by

procedural technicalities; and

    (d) a person with particular expertise may, with the leave of the court, appear as a friend

of the court.

(4) The absence of rules referred to in subsection (3) does not limit the right to commence proceedings under subsection (1) and to have the case heard and determined by a court.

PART 5

L IMITATION OF F UNDAMENTAL H UMAN RIGHTS AND FREEDOMS