Judgment No. CCZ 05/18 6
Const. Application No. 32/17
The rules of statutory interpretation dictate that the words of a statute must be given
their ordinary grammatical meaning unless this would lead to an absurdity. In Endevour
Foundation & Anor v Commissioner of Taxes 1995 (1) ZLR 339 (S) at p 356 F-G to 357 A,
GUBBAY CJ said:
“The general principle of interpretation is that the ordinary, plain, literal meaning of the
word or expression, that is as popularly understood, is to be adopted, unless that meaning
is at variance with the intention of the legislature as shown by the context, or such other
indicia as the court is justified in taking into account, or creates an anomaly or otherwise
produces an irrational result. See Stellenbosch Farmers’ Winery Ltd v Distillers’ Corp (SA)
Ltd & Anor 1962 (1) SA 458 (A) at 476 E-F. The same notion was expressed in another
way by MARGO J in Loryan (Pvt) Ltd v Solarsh Tea & Coffee (Pvt) Ltd 1984 (3) SA 834
(W) at 846G-H:
‘Dictionary definitions of a particular word are very often of fundamental
importance in the judicial interpretation of that word in a statute or in a contract or
in a will. Nevertheless, the task of interpretation is not always fulfilled by recourse
to a dictionary definition, for what must be ascertained is the meaning of that word
in its particular context, in the enactment or contract or other document’”.
This is buttressed in ZIMRA & Anor v Murowa Diamonds (Pvt) Ltd 2009 (2) 213
(S) in which the Supreme Court emphasised:
“The grammatical and ordinary sense of the words is to be adhered to unless that would
lead to some absurdity or some repugnance or inconsistency with the rest of the instrument,
in which case the grammatical and ordinary sense of the words may be modified so as to
avoid that absurdity and inconsistency, but no further – see Chegutu Municipality v
Manyora 1996(1) ZLR 262(S) at p 264D-E: Madoda v Tanganda Tea Company Ltd 1999
(1) ZLR 374(S) at p 377A-D.”
The above authorities illuminate the principle that the ordinary meaning of the
words employed in a statute should be strictly adhered to unless that would lead to an absurd result.
Black’s Law dictionary defines ‘direction’ as an act of guidance and ‘control’ as, “To exercise
restraining or directing influence over, to regulate, dominate, curb; to hold from action, to