Chapter 17 · Art. 258

Enforcement of this Constitution

2010-as-amended · effective 2010-08-27

Official text

(1) Every person has the right to institute court proceedings, claiming that this Constitution has been contravened, or is threatened with contravention.
(2) In addition to a person acting in their own interest, court proceedings under clause (1) may be instituted by—
  (a) a person acting on behalf of another person who cannot act in their own name;
  (b) a person acting as a member of, or in the interest of, a group or class of persons;
  (c) a person acting in the public interest; or
  (d) an association acting in the interest of one or more of its members.

In simple words

Every person has the right to go to court claiming that the Constitution has been contravened, or is threatened with contravention.
Art. 258(1)
(1) Every person has the right to institute court proceedings, claiming that this Constitution has been contravened, or is threatened with contravention.
Read the full article →
Court proceedings may also be instituted on behalf of another, a group, the public interest, or an association.
Art. 258(2)
(2) In addition to a person acting in their own interest, court proceedings under clause (1) may be instituted by— (a) a person acting on behalf of another person who cannot act in their own name; (b) a person acting as a member of, or in the interest of, a group or class of persons; (c) a person acting in the public interest; or (d) an association acting in the interest of one or more of its members.
Read the full article →

Kids explanation

Anyone can go to court if the Constitution is being broken or is about to be broken.
Art. 258(1)
(1) Every person has the right to institute court proceedings, claiming that this Constitution has been contravened, or is threatened with contravention.
Read the full article →