13
S.C. 128\02
members of the legislature sought to guarantee freedom of the press in very specific
terms. The Draft Constitution provided in section 45 as follows:“45.(1) Everyone has the right to freedom of speech and expression,
which includes –
(a)
freedom to uphold opinions;
(b)
freedom to seek, receive and communicate ideas and
information regardless of frontiers;
(c)
freedom of the press
communication;”
(underlining is mine)
and
other
media
of
The present Lancaster House Constitution has seen its better days.
The need for its amendment, if not overhaul, commands consensus among
Zimbabweans.
Divergence of opinion only emerges on the nature and extent of
such amendments. As I have said the liberal approach to constitutional interpretation
is supported by a long line of cases.
“A Constitution is a living instrument which
must be construed in the light of the present day conditions.”9
The Supreme Court of Pakistan expressed similar sentiments in the
case of Nauraz Sharif v President of Pakistan10:-
“… basic or fundamental rights of individuals which presently stand formally
incorporated in the modern constitutional documents, derive their lineage from
and are traceable to the Actival Law. With the passage of time and the
evolution of civil society, great changes occur in the political, social and
economic conditions of society. There is, therefore, the corresponding need
to re-evaluate the essence and source of fundamental rights as originally
provided in the Constitution. They require to be construed in consonance
with changed conditions of the society and must be viewed and interpreted
with a vision to the future.”
9
Muhozya v Attorney-General, supra
PLD 1993 SC 473
10
Select target paragraph3
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