Judgment No. CCZ 4/15 8 Civil Appeal No. CCZ 27/13 20.2 In Park – Ross and Another v Director: Office for Serious Economic Offences 1995 (2) SA 148(C), 1601 – 161 A-J, the court stated:“It must be recognized that a constitution is sui generis, that the spirit and tenor of the Constitution must “permeate the process of judicial interpretation”, that the meaning of a right or freedom guaranteed by a Constitution must be ascertained by an analysis of the purpose of such guarantee and that such purpose must be sought, inter alia, in the character, larger objects, historical origins of the concepts enshrined in the Constitution and in the language in which the concepts are expressed.” 20.3 In Government of the Republic of Namibia and Another v Cultura 2000 and Another 1994(1) S.A. 407 (Nm S), 418 F-H Mahomed CJ remarked:“A Constitution is an organic instrument. Although it is enacted in the form of a statue, it is sui generis. It must be broadly, liberally and purposively interpreted so as to avoid the “austerity of tabulated legalism” and so as to enable it to continue to play a creative and dynamic role in the expression and the achievement of the ideals and aspirations of a nation …” 20.4 In State v Zuma & Others 1995 (2) SA 642 (CC) Kentridge JA stated thus: “… 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. … I would say that a Constitution “embodying fundamental principles should as far as its language permits be given a broad construction.” 20.5 Attention may also drawn to the remarks by Fieldscend CJ in Hewlett v Minister of Finance 1981 ZLR 571 that the principles governing interpretation of a Constitution are basically no different from those governing the interpretation of any other legislation and the remarks by Georges CJ in Minister of Home Affairs v Bickle & Others 1984 (2) S.A. 439(ZS) at 447 that:“The question, then, is one of construction, and in the ultimate resort must be determined upon the actual words used, read not in vacuo but

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