Commissioner of Police 1980 (2) SA 369 (ZC); Principal
Immigration Officer and Another v TOR 1993 (1) ZLR 71
(SC), Cl1inhamora v Angwa Furnitures SS228/96; State v
Chigugudza 1996 (1) ZLR 28 (S); Chairman Public Service
Commission v Zimta 1987 (1) SA 209; Commercial Farmers
Union v Minister of Lands 2000 (2) ZLR 469 (S).
43.
In Hewlett v Minister of Finance 1981 ZLR 571, Fieldsend CJ
stated as follows:,
((.. .In
genera~
the
princip~es
governmg the
interpretation of a Constitution are basicaUy
no
different
from
those
interpretation of any other
govermng
~egis~ation.
the
It is
necessary to ~oak to the words used and to
deduce from them what any particu~ar section,
phrase or words means, having regard to the
overaU context in which it appears."
44.
With great respect to Fieldsend CJ, the above is a very simplistic
view of Constitutional interpretation. As argued above and as
fully
accepted
1n
other
jurisdictions,
Constitutional
interpretation is not the same as the statutory interpretation.
After all the Constitution itself says it isn't. Section 46 of the
Constitution reads as follows:,
(((1)
When interpreting this Chapter, a court, tribuna~,
forum or body-
Page 17 of 46
Applicant's Heads of Argument in the matter between:
Loveness Mndzurn & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others
Case Number CCZ 79/2014
Prepared by Tendai Biti Law