civilised international community (of which Namibia is a part) which Namibians share. This is not a static exercise. It is a continuaHy evolving dynamic. What may have been acceptable as a just form of punishment some decades ago, may appear to be manifestly inhuman or degrading today. Yesterday's orthodoxy might appear to be today's heresy." CREATING A BREAK WITH THE PAST 36. As usual with all constitutional matters, thorough regard has to be given to the context, spirit and purport of the Bill of Rights in the Constitution. Until 1979, this country had never had a Constitution with an effective justiciable Bill of Rights. The fact that we now have one must be recognised in our jurisprudence and judicial thinking. order. The Constitution created a new legal See Mr. Justice Cameron in Holomisa v Argus Newspapers 1996 (2) SA 588 at 603.-£.-9 wherein he stated:~ "AH South African Courts must now, as a first duty, take into account the provisions of the Constitution, particularly its fundamental rights provisions. As observed earlier, the Constitution is designed to create a new legal order in South Africa. In fulfilling this aim, the Constitution treads as a prudent path between legal revolution and legal continuity" At 604 H~J the Judge continues Page 13 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