(a) must give fuU effect to the rights and freedom enshrined
in this Chapter;
(b) must promote the values and principles that underlie a
democratic society based on openness, justice, human
dignity, equality and freedom, and in particular, the
values and principles set out in section 3;
(c) must take into account international law and an treaties
and conventions to which Zimbabwe is a party;
(d) must pay due regard to aU the provisions of this
Constitution, in particular the principles and objectives
set out in Chapter 2; and
(e) may consider relevant foreign law;
In addition to considering an other relevant factors that are
to be taken into account in the interpretation of a
Constitution.
(2)
When
interpreting
an
enactment,
and
when
developing the common law and customary law, every
court, tribunal, forum or body must promote and be
guided by the spirit and objectives of this Chapter."
45.
Although,
this
literalistic
approach
to
Constitutional
interpretation called for by Fieldsend CJ, has been applied in our
jurisdiction, a closer look at most of the Constitutional cases
indicate that in fact on the ground a purposive approach to
Constitutional interpretation has been applied. See Minister of
Home Affairs v Dabengwa & Another 1992 (1) ZLR 236 (S);
Bore v Minister of Home Affairs 1986 (1) ZLR 21 0; In Re
Moonmes
&
Others
1995 (1)
SA
591
(SC);
Catholic
Commission for justice and Peace in Zimbabwe v Attorney
Page 18 of 46
Applicant's Heads of Argument in the matter between:
Love ness Mudzuru & Auother v Minister of Justice Legal & Parliamentary Affairs & 2 Others
Case Number CCZ 79/2014
Prepared by Tendai Biti Law
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