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,
A brief discussion of the five interrelated dimensions of interpretation, and
The myth that courts only interpret the law.
The Constitution of the Republic of South Africa, 1996 has had a significant impact on the interpretation of statutes in the country. The Constitution serves as the supreme law of the land, and all other laws, including statutes, must be interpreted and applied in line with its provisions. This has led to a more progressive and rights-based approach to statutory interpretation, ensuring that the values and principles enshrined in the Constitution are upheld.
There are six sections of the Constitution that have specifically transformed the interpretation of statutes in South Africa. These sections are:
1. Section 7(2) - This section states that the Bill of Rights applies to all law, including statutes, and binds the legislature, executive, and judiciary. This means that all statutes must be interpreted in a manner that is consistent with the rights and freedoms guaranteed in the Bill of Rights.
2. Section 39(2) - This section requires courts, when interpreting legislation, to promote the values that underlie an open and democratic society based on human dignity, equality and freedom. This provision has led to a more purposive approach to statutory interpretation, focusing on the broader objectives of legislation rather than just the literal meaning of the words.
3. Section 233 - This section requires courts to prefer any reasonable interpretation of the Constitution and other laws that is consistent with international law over any alternative interpretation that is inconsistent. This has led to a more progressive and rights-based approach to statutory interpretation, aligning South African law with international human rights standards.
4. Section 233(2) - This section requires courts to consider international law when interpreting the Constitution and other laws. This has led to a more holistic approach to statutory interpretation, taking into account international human rights standards and best practice.
5. Section 236 - This section allows courts to develop the common law in a manner consistent with the Constitution and other legislation. This has empowered courts to adapt and develop the common law to ensure that it is in line with constitutional values and principles.
6. Section 237 - This section allows courts to declare legislation invalid if it is inconsistent with the Constitution. This power enables courts to uphold the supremacy of the Constitution and ensure that all laws, including statutes, are in line with its provisions.
In interpreting statutes in light of the Constitution, courts consider five interrelated dimensions of interpretation:
1. Literal interpretation - This involves looking at the plain meaning of the words used in the statute. While this is an important aspect of interpretation, it is not the only consideration.
2. Purposive interpretation - This involves looking at the purpose and objectives of the legislation, and interpreting it in a way that advances these goals. This approach focuses on the broader objectives of the legislation rather than just the literal meaning of the words.
3. Contextual interpretation - This involves considering the context in which the legislation was enacted, including the historical, social, and political context. This helps to ensure that the legislation is interpreted in a way that is sensitive to the realities of the society in which it operates.
4. Harmonious interpretation - This involves interpreting statutes in a way that is consistent with other laws, including the Constitution and international law. This approach ensures that there is coherence and consistency in the legal framework.
5. Progressive interpretation - This involves interpreting statutes in a way that advances the rights and freedoms guaranteed in the Constitution. This approach ensures that the law is evolving in line with changing social norms and values.
Despite the myth that courts only interpret the law, the reality is that statutory interpretation is a complex and nuanced process that involves a careful balancing of various factors. The Constitution has played a crucial role in shaping the way statutes are interpreted in South Africa, ensuring that the values and principles enshrined in the Constitution are upheld and promoted. By adopting a progressive and rights-based approach to statutory interpretation, courts have been able to advance the cause of justice and equality in the country.