Judgment No. CCZ 4/15 8
Civil Appeal No. CCZ 27/13
20.2 In Park – Ross and Another v Director: Office for Serious Economic Offences
1995 (2) SA 148(C), 1601 – 161 A-J, the court stated:“It must be recognized that a constitution is sui generis, that the spirit
and tenor of the Constitution must “permeate the process of judicial
interpretation”, that the meaning of a right or freedom guaranteed by a
Constitution must be ascertained by an analysis of the purpose of such
guarantee and that such purpose must be sought, inter alia, in the
character, larger objects, historical origins of the concepts enshrined in
the Constitution and in the language in which the concepts are
expressed.”
20.3
In Government of the Republic of Namibia and Another v Cultura 2000 and
Another 1994(1) S.A. 407 (Nm S), 418 F-H Mahomed CJ remarked:“A Constitution is an organic instrument. Although it is enacted in the
form of a statue, it is sui generis. It must be broadly, liberally and
purposively interpreted so as to avoid the “austerity of tabulated
legalism” and so as to enable it to continue to play a creative and
dynamic role in the expression and the achievement of the ideals and
aspirations of a nation …”
20.4
In State v Zuma & Others 1995 (2) SA 642 (CC) Kentridge JA stated thus:
“… But it cannot be too strongly stressed that the Constitution does not
mean whatever we might wish it to mean. We must heed Lord
Wilberforce’s reminder that even a Constitution is a legal instrument,
the language of which must be respected. … I would say that a
Constitution “embodying fundamental principles should as far as its
language permits be given a broad construction.”
20.5
Attention may also drawn to the remarks by Fieldscend CJ in Hewlett v
Minister of Finance 1981 ZLR 571 that the principles governing interpretation
of a Constitution are basically no different from those governing the
interpretation of any other legislation and the remarks by Georges CJ in
Minister of Home Affairs v Bickle & Others 1984 (2) S.A. 439(ZS) at 447
that:“The question, then, is one of construction, and in the ultimate resort
must be determined upon the actual words used, read not in vacuo but