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Zimbabwe draft constitution (5)
NewsDay Staff ·
PART 4
LIMITATION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
4.41 Limitation of rights and freedoms
(1) The fundamental rights and freedoms set out in this Chapter may be limited only in terms of a law of general application and to the extent that the limitation is reasonable and is necessary and justifiable in an open, just and democratic society, taking into account all relevant factors, including—
(a) the nature of the right or freedom concerned;
(b) the purpose of the limitation;
(c) the nature and extent of the limitation;
(d) the need to ensure that the enjoyment of rights and freedoms by any person does not prejudice the rights and freedoms of others;
(e) the relationship between the limitation and its purpose; and
(f) whether there are any less restrictive means of achieving the purpose of the limitation.
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