"South Africa is a country in transition. It is a transition from a society based on inequality to one based on equality. This transition was introduced by the interim Constitution, which was designed 'to create a new order ... [based on equality] in which there is equality between men and women or people of aH races so that aH citizens should be able to enjoy and exercise their fundamental rights and freedom' This commitment to the transformation of our society was affirmed and reinforced in 199 7, when the Constitution came into force. The preamble to the Constitution 'recognises the justice of our past' and makes a commitment to establishing 'a society based on democratic values, social justice and fundamental human rights'. This society is to be built on the foundation of the values entrenched in the very first provisions of the Constitution. These values include human dignity, the achievement of equality and the advancement of human rights and freedom." 39. The New Constitution of Zimbabwe offers the opportunity for a new regime of what can only be described as transformative Constitutionalism. Culture Karl Klare in the decisive article Legal Transformative Constitutionalism 1998 (14) SA journal on Human Rights 146 writes as follows: "Transformative Constitutionalism connotes an enterprise of inducing large-scale social change political processes grounded in law. through nonviolent I have in mind a transformative vast enough to be inadequately captured by Page 15 of 46 Applicant's Heads of Argument in the matter between: Love ness Mudznru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others Case Number CCZ 79/2014 Prepared by Tendai Biti Law