tradition or descent.
(5) In order that all persons may benefit from the rights and freedoms
guaranteed by this Constitution, every person has the duty to so conduct himself
and his affairs in the manner that does not infringe upon the rights and freedoms
of others or the public interest.
Limitations
upon, and
enforcement
and
preservation of
basic rights,
freedoms and
duties
Act No.15
of 1984
Art.6
Act No.34
of 1994
Ar.6
30.-(1) The human rights and freedoms, the principles of which are set
out in this Constitution, shall not be exercised by a person in a manner that causes
interference with or curtailment of the rights and freedoms of other persons or of
the public interest.
(2) It is hereby declared that the provisions contained in this Part of this
Constitution which set out the principles of rights, freedom and duties, does not
render unlawful any existing law or prohibit the enactment of any law or the doing
of any lawful act in accordance with such law for the purposes of
(a)
ensuring that the rights and freedoms of other people or of the
interests of the public are not prejudiced by the wrongful exercise
of the freedoms and rights of individuals;
(b)
ensuring the defence, public safety, public peace, public morality,
public health, rural and urban development planning, the
exploitation and utilization of minerals or the increase and
development of property of any other interests for the purposes of
enhancing the public benefit;
(c)
ensuring the execution of a judgment or order of a court given or
made in any civil or criminal matter;
(d)
protecting the reputation, rights and freedoms of others or the
privacy of persons involved in any court proceedings, prohibiting
the disclosure of confidential information or safeguarding the
dignity, authority and independence of the courts;
(e)
imposing restrictions, supervising and controlling the formation,
management and activities of private societies and organizations in
the country; or
(f)
enabling any other thing to be done which promotes or preserves
the national interest in general.
(3) Any person claiming that any provision in this Part of this Chapter or
in any law concerning his right or duty owed to him has been, is being or is likely
to be violated by any person anywhere in the United Republic, may institute
proceedings for redress in the High Court.
(4) Subject to the other provisions of this Constitution, the High Court
shall have original jurisdiction to hear and determine any matter brought before it
pursuant to this Article; and the state authority may enact legislation for the
purposes of
(a)
regulating procedure for instituting proceedings pursuant to this
Article;
(b)
specifying the powers of the High Court in relation to the hearing
of proceedings instituted pursuant to this Article; and
(c)
ensuring the effective exercise of the powers of the High Court, the
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