CHAPTER 3
BILL OF RIGHTS
Part 1
BINDING NATURE OF RIGHTS AND INTERPRETATION OF RIGHTS
8.
Application of Chapter 3
(a)
This Chapter binds the Executive, Parliament, the Judiciary and all institutions and
agencies of government at every level.
(b)
This Chapter binds not only human beings but also juristic persons to the extent that it is
applicable to them, taking into account the right or freedom concerned and any duty
imposed by it.
(c)
Juristic persons as well as human beings are entitled to the rights and freedoms set out in
this Chapter, to the extent that those rights and freedoms can appropriately be extended to
juristic persons.
9.
Interpretation of Chapter 3
(1)
(a)
When interpreting this Chapter, a court, tribunal, forum or body must
give full effect to the rights and freedoms set out in this Chapter;
(b)
promote the values that underlie an open and democratic society based on human dignity,
equality and freedom and in particular, the values set out in Section 1.
(c)
take into account international law, treaties and conventions;
(d)
consider relevant foreign law interpreting international law, treaties and conventions;
in addition to considering all other relevant factors that are to be taken into account in the
interpretation of an enactment such as a Constitution.
(2)
10.
When interpreting a written law, and when developing the common law or traditional
customary law, every court, tribunal and forum must be guided by the spirit and objects of
this Chapter.
Chapter 3 does not preclude existence of other rights
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