23.
The above submissions on this subject are being made to underscore
this Honourable Court, the fact that it is indeed an ultimate authority
on its own standing on par with legislature and the judiciary. But more
decisively when it comes to the questions of constitutionalism, the rule
of law, legitimacy, democracy and accountability, and the separation of
powers, the position of the Constitutional Court is superior position
than any of the other branch of the State mentioned above.
24.
Having stated this, it is now proposed to deal with some general
pointers on constitutional interpretation which it is urged at this
Honourable Court.
D.
POINTERS TO INTERPRETING THE BILL OF RIGHTS
25.
The manner in which the Constitution itself is interpreted in particular
the Bill of Rights denotes and requires the imperator that the Courts
must develop new clear and precise jurisprudence.
26.
It is respectfully submitted that on the basis of a clear analysis of the
law as propounded in the House of Lords, the Privy Council, the
Canadian Supreme Court, the South African Constitutional Court
and the Indian Constitutional Court that Zimbabwe will not have to
reinvent the wheel and that the following principles which will be
covered briefly in these heads must guide this Court in the
interpretation of the Bill of Rights.
2 7.
Put differently, it is submitted that the Constitutional Court must be
interpreted on the following principles:~
(i)
That it must be interpreted progressively;
Page 7 of46
Applicant's Heads of Argument in the matter between:
Loveness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others
Case Number CCZ 79/2014
,, Prepared by Tendai Biti Law