(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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