interpret a written instrument. I am well aware of the fallacy of supposing that general language must have a single 'objective meaning'. influence of one's preconception. Nor is it easy to avoid the personal intellectual and moral 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. If the language used by the lawgiver is ignored in favour of a general resort to 'values' the result is not interpretation but divination . .. .I would say that a Constitution 'embodying fundamental principles should as far as its language permits be given a broad . " constructwn. VALUE BASED INTERPRETATION 35. Of course it 1s conceded that the purpos1ve approach to interpretation, ultimately requires a value judgment to be made about those purpose that are key and more important which have to be protected by those of Constitution and those which are not. Thus the remarks of Mahomed CJ in Ex Parte Attorney General, Namibia: In RE Corporal Punishment by Organs of State 1991 (3) SA 76 (NmSC), 91 D- Fare critical:~ "It is ... a value judgment which requires objectively to be articulated and identified, regard being had to the contemporary norms, aspirations, expectations and sensitivities of the Namibian people as expressed in its national institutions and its Constitution, and further having regard to the emerging consensus of values in a Page 12 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

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