the phrase 'reform', but something short of or different from
'revolution' in any traditional sense of the word.
In the
background is the idea of a highly egalitarian, caring,
multicultural community, governed through participatory
democratic processes in both the polity and large portions of
what we now caH the 'private sphere'."
40.
She proceeds as follows:~
"The Constitution invites a new imagination and sdf
reflection about legal method, analysis and reasoning
consistent
with
its
transformative
goals.
By
implication, new conceptions of judicial role and
responsibility are contemplated. Judicial mindset and
methodology are part of the law, and therefore they
must be examined and revised so as to promote
equality, a culture of democracy and transparent
governance. "
41.
For
an
example
of transformative
Constitutionalism
see
Government of the Republic of South Africa and Others v
Grootboom & Others 2000 11 BCLR 1169.
CONSTITUTIONAL INTERPRETATION IN ZIMBABWE TO DATE
4 2.
The interpretation of the Zimbabwe's Constitution in the past,
has been an eclectic mixture of hybrid forms of statutory
interpretation.
See for instance Rattigan & Others v Chief
Immigration Officer and Others 1994 (2) ZLR 54; State v
Page 16 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 byTendai Biti Law