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:
Provide an exposition on the six sections of the Constitution that have transformed statutory interpretation in South Africa
The Constitution of the Republic of South Africa, 1996 is widely regarded as one of the most progressive and transformative constitutions in the world. In addition to enshrining fundamental rights and principles, the Constitution also plays a crucial role in guiding the interpretation of statutes in South Africa. This essay will explore how the Constitution has influenced the interpretation of statutes, with a particular focus on six sections that have had a significant impact on this aspect of legal practice.
Section 1 of the Constitution establishes the Republic of South Africa as a sovereign, democratic state founded on the values of human dignity, the achievement of equality and the advancement of human rights and freedoms. This foundational principle underscores the importance of interpreting statutes in a manner that promotes and protects these core values. In practical terms, this means that courts are required to interpret statutes in a manner that is consistent with the values enshrined in the Constitution, such as equality, dignity, and human rights.
Section 2 of the Constitution affirms the supremacy of the Constitution and the rule of law. This provision has significant implications for statutory interpretation, as it requires courts to ensure that statutes are interpreted in a manner that is consistent with the Constitution. This means that where there is ambiguity or uncertainty in the wording of a statute, courts are required to interpret the statute in a manner that upholds the supremacy of the Constitution and the rule of law.
Section 39(2) of the Constitution provides further guidance on the interpretation of statutes. This section requires courts to interpret legislation in a manner that promotes the spirit, purport, and objects of the Bill of Rights. This means that statutes must be interpreted in a manner that is aligned with the values and principles enshrined in the Bill of Rights, such as equality, dignity, and non-discrimination.
Section 173 of the Constitution empowers courts to develop common law and customary law in accordance with the principles of the Constitution. This provision gives courts the authority to interpret statutes in a manner that is consistent with the Constitution, even if this requires departing from established legal principles or precedents. This allows courts to adapt and develop the law in a way that is responsive to the changing social, political, and economic context in South Africa.
Section 233 of the Constitution establishes the Constitutional Court as the highest court in South Africa with final authority on constitutional matters. The Constitutional Court plays a crucial role in shaping the interpretation of statutes, as its judgments and decisions have a binding effect on all other courts in the country. The Constitutional Court has issued several landmark judgments that have had a significant impact on statutory interpretation, clarifying the principles and values that must guide the interpretation of statutes in South Africa.
In conclusion, the Constitution of the Republic of South Africa, 1996 has had a profound impact on the interpretation of statutes in South Africa. The Constitution has established a framework for interpreting legislation that is rooted in the values of equality, dignity, and human rights. By requiring courts to interpret statutes in a manner that is consistent with the Constitution, the Constitution has transformed statutory interpretation in South Africa, ensuring that the law is interpreted in a manner that upholds the principles and values enshrined in the Constitution.