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

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