"a generous interpretation... suitable to give to
individuals, the full measures of the fundamental
rights and freedoms referred to ... "
and that the
Constitution called for 'principles of interpretation of
its own.' He went on to say "This is no way to say
that there are no rules of law which should apply to
the interpretation of a Constitution. A Constitution
is a legal instrument giving rise, amongst other things,
to individual rights capable of enforcement in a court
of law. Respect must be paid to the language which
has been used to the traditions and the usages which
have given meaning to that language.
It is quite
consistent with this, and with the recognition that
rules of interpretation may apply, to take as a point of
departure
for
the
process
of interpretation
a
recognition of the character and origin of the
instrument, and to be guided by the principles of
giving full recognition and effect to those fundamental
rights and freedoms with a statement of which the
Constitution commences."
THE TEXT
34.
The purposive interpretation, does not mean however that the
language of the Constitution or a statute is irrelevant.
The
context of the text, must at all material times be the starting
point.
Kentridge JA reminded us of this in State v Zuma &
Others 1995 (2) SA 642 (CC)when he states as follows:,
"While we must always be conscwus of the values
underlying the Constitution, it is nonetheless our task to
Page 11 of 46
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