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Judgment No. SC 52/18
Civil Appeal No. SC 560/17
Interpreting words in their context requires the courts to pay due regard not only to the
meaning assigned to the grammatical use of language but also the context, which requires
consideration of the rest of the statute as well as its subject matter and its content. This position
was affirmed in the case of Stellenbosch Farmers’ Winery Ltd v Distillers Corp (SA) Ltd 1962
(1) SA 458 (AD) 476, as quoted by G M Cockram, p 41 of The Interpretation of Statutes 3rd
ed, as follows:
“It is the duty of the court to read the section of the Act which requires interpretation
sensibly, i.e. with due regard, on the hand, to the meaning which permitted grammatical
usage assigns to the words used in the section in question, and, on the other hand, to the
contextual scene, which involves consideration of the language of the rest of the statute
as well as the matter of the statute, its apparent scope and purpose, and, within limits,
its background.”
To determine the context in which the words “or other person” have been used, the
scope and purpose of the provision in question and the Act at large must be determined first.
The scope and purpose of the Act, as provided for in the Act’s long title, reads as follows:
“AN ACT to promote and maintain competition in the economy of Zimbabwe; to
establish an Industry and Trade Competition Commission and to provide for its
functions; to provide for the prevention and control of restrictive practices, the
regulation of mergers, the prevention and control of monopoly situations and the
prohibition of unfair trade practices; and to provide for matters connected with or
incidental to the foregoing.”
It is clear from this title that, among other things, the Act aims to promote and maintain
competition in the economy by regulating anti-competitive mergers. Merger regulation is at the
core of competition law and in the spirit of regulating anti- competitive mergers, the Legislature
enacted the current wide definition which covers all mergers which must be notified to the
respondent. In terms of the Act, when a merger is notified the respondent decides if the merger
undermines competition. Conglomerate mergers, although not entered into with competitors,