refer to prince v Minister of justice and others [2017](4) SA 299 (WCC)

Rewrite the following sentences in your own words ( paraphrase). imagine you are explaining the judge's words to your client who is not a lawyer. keep your sentences short-aim for an average of 15 to 20 words for each sentence with a maximum of 35 words in any sentence . do not change the meaning or leave out essential content.

1. In a constitutional democracy such as South Africa , a critical task which confronts courts is to demarcate the border between the terrain in which disputes lie in the province of the courts and those controversies which are better located on a terrain belonging to the legislature and/or the executives . this problem is exacerbated by virtue of the act that law inevitably underpins both the conduct of individual citizens and of the state. All forms of human interaction , either between individuals or between individuals in the state , are sourced in a law which permits , prohibits or circumscribe the relevant conduct whether the latter be positive or negative.

2. it is trite to remark that any right guaranteed Chapter 2 of the Constitution may be limited by law of general application, to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account a series of factors which are set out in s36(1) of the constitution.

3.it is no longer doubted that, once a limitation has been found to exist , the burden of justification under s36(1) rests on the party asserting that the limitation is saved by the application of the provisions of the section. the weighing up exercise is ultimately concerned with the proportional assessment of competing interests but, to the extent that justification rests on factual and/or policy considerations, the party contending for justification must put such material before the court.

4. the evidence provided by the NPA shows that in the absence of a national and uniform diversion policy with clear guidance as to its application, individual prosecutors may apply a different discretion in various jurisdictions, which could result in a level of arbitrary enforcement or inconsistency contrary to the guarantee in s9(1) of the constitution that is equality before the law.