6 HH 270-18 HC 1718/18 fundamental human right for freedom enshrined in [Chapter 4] is entitled to a full measure of effective protection under the constitutional obligation imposed on the State. The right of access to justice, which is itself a fundamental right, must be made available to a person who is able, under each of the rules of standing to vindicate the interest adversely affected by an infringement of a fundamental right, at the same time enforcing the constitutional obligation to protect and [promote the right or freedom concerned.’ Loveness Mudzuru & Ruvimbo Tsopodzi v Minister of Justice, Legal & Parliamentary Affairs N.O & Others, supra, at p 14 of the unreported judgment.” JURISDICTION This court is also satisfied that it has jurisdiction to deal with the present matter in terms of s 86 of the Constitution. Section 86 provides that “(1) (a) (b) (c) (d) (e) any person acting in their own interests; any person acting on behalf of another person who cannot act for themselves; any person acting as a member or in the interest of a group or class of persons; any person acting in the public interest; any person acting in the interest of its members is entitled to approach a court alleging that a fundamental right 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. The Role of Traditional Chiefs In its heads of argument the applicant submitted that Traditional Chiefs perform a mixture of administrative and judicial functions. They also perform ceremonial religious functions. They also discharge judicial functions when they preside over customary law courts. The applicants submitted that when it comes to the concept of separation of powers, that is the hallmark of the Constitution, traditional leaders, are a sui generis creative since their functions plan what they have both legs in both the executive and the judiciary. When Chiefs discharge judicial functions they would have to respect the principles of objectivity, impartiality, absence of bias and basic principles of natural bias. Applicants submitted that; “Section 45 of the Traditional Leaders Act prevents traditional leaders from standing for or holding any political office as President, Parliamentarian or Councillor while they hold office as traditional leader. It also proscribes participation in political activities by Chief including canvassing, serving as election agents or manager for any candidate, for the election as State President, member of Parliament or Councillor. But, like all other citizens the proviso in section 45 guarantees for traditional leaders the right to exercise their right to vote in any National or Local Government election or referendum.” The applicants also submitted, in its heads of argument that a rule excluding the right of traditional leaders from participating in and becoming members of political parties is a law

Select target paragraph3