In Holomisa v Argus Newspapers Ltd 1996 (2) SA 588 (W) the court referred to section 35(3) of the Interim Constitution (the forerunner of section 39(2) of the Constitution of the Republic of South Africa, 1996) and stated that the interpretation clause in the Constitution is
“[not] merely an interpretive directive, but a force that informs all legal institutions and decisions with the new power of constitutional values.”
In light of this statement, write an essay on how the Constitution has influenced the interpretation of statutes.
Your essay should articulate a thorough understanding of the following:
The myth that courts only interpret the law.
The statement made in the Holomisa case regarding the interpretation clause of the Constitution as a force that informs all legal institutions and decisions with the power of constitutional values is crucial in understanding how the Constitution has influenced the interpretation of statutes. Traditionally, courts were seen as merely interpreting statutes and applying them to specific cases. However, with the advent of constitutional democracy, the role of the Constitution in informing the interpretation of statutes has become increasingly significant.
The Constitution serves as the supreme law of the land, providing a framework for the values, principles, and rights that underpin our democracy. As such, statutes passed by Parliament must be interpreted in a manner that is consistent with the Constitution. This principle is enshrined in section 39(2) of the Constitution, which states that when interpreting any law, the court must promote the spirit, purport, and objects of the Bill of Rights.
One of the key ways in which the Constitution has influenced the interpretation of statutes is through the concept of constitutional supremacy. This means that if there is a conflict between a statute and the Constitution, the Constitution prevails. As a result, courts have the authority to strike down laws that are unconstitutional, or interpret statutes in a way that upholds the constitutional rights and values enshrined in the Constitution.
Another important aspect of how the Constitution has influenced the interpretation of statutes is the principle of purposive interpretation. This involves looking beyond the literal text of a statute and considering the underlying purpose or intention of the legislature. In doing so, courts can ensure that the statute is interpreted in a manner that is consistent with the values and principles of the Constitution.
Furthermore, the Constitution has also influenced the development of new interpretative techniques, such as the doctrine of deference. This involves giving due consideration to the expertise and discretion of administrative bodies when interpreting statutes that fall within their mandate. By recognizing the importance of administrative decision-making in interpreting statutes, courts can ensure that the Constitution is upheld in a consistent and coherent manner.
In conclusion, the Constitution has had a profound influence on the interpretation of statutes in South Africa. By promoting the values, principles, and rights enshrined in the Constitution, courts have been able to ensure that statutes are interpreted in a manner that upholds the rule of law, protects constitutional rights, and promotes the values of democracy and equality. The Constitution is not merely an interpretive directive, but a powerful force that informs all legal institutions and decisions with the new power of constitutional values.