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, plays a pivotal role in shaping how statutes are interpreted in the country. The Constitution serves as the supreme law of the land and provides a framework within which all laws, including statutes, must be interpreted. The Constitution not only sets out fundamental rights and principles but also establishes the principles of constitutional supremacy, the rule of law, and the separation of powers. These principles have had a significant impact on how statutes are interpreted in South Africa.
Section 39(2) of the Constitution is the primary provision that governs statutory interpretation. It provides that when interpreting any legislation, and when developing the common law or customary law, every court must promote the spirit, purport, and objects of the Bill of Rights. This provision requires courts to interpret statutes in a manner that is consistent with the values and rights enshrined in the Constitution. It compels courts to take a purposive and contextual approach to statutory interpretation, focusing on the underlying principles rather than a literal reading of the text.
Section 1 of the Constitution establishes South Africa as a democratic state founded on the values of human dignity, equality, and freedom. This foundational principle influences how statutes are interpreted, with courts seeking to uphold these values in their interpretation of legislation. For example, in interpreting laws related to discrimination or equality, courts will give preference to interpretations that promote equality and human dignity.
Section 2 of the Constitution establishes the supremacy of the Constitution and the rule of law. This principle ensures that all laws, including statutes, must comply with the Constitution. When interpreting statutes, courts will assess whether the legislation is in line with the Constitution and strike down any provisions that are found to be unconstitutional. This principle reinforces the idea that statutes must be interpreted in a manner that is consistent with the Constitution.
Section 3 of the Constitution provides for the separation of powers between the legislature, executive, and judiciary. This principle has implications for statutory interpretation, as courts must respect the role of the legislature in making laws. Courts will not lightly interfere with the legislative process and will only invalidate statutes if they are found to be in conflict with the Constitution. This principle ensures that the judiciary does not overstep its bounds in interpreting statutes.
Section 33 of the Constitution guarantees the right to just administrative action. This right influences how administrative statutes are interpreted, with courts ensuring that administrative actions are conducted in a fair, transparent, and accountable manner. When interpreting administrative statutes, courts will look at whether the legislation promotes these principles of just administrative action.
Section 233 of the Constitution provides for the recognition of traditional leadership and customary law. This provision has implications for how customary statutes are interpreted, with courts ensuring that customary laws are given effect in a manner that is consistent with the Constitution. When interpreting customary statutes, courts will take into account the rights and values enshrined in the Constitution.
In conclusion, the Constitution of the Republic of South Africa, 1996, has had a profound impact on the interpretation of statutes in the country. The principles of constitutional supremacy, the rule of law, and the separation of powers have transformed how statutes are interpreted, with courts taking a purposive and contextual approach that promotes the values and rights enshrined in the Constitution. The Constitution serves as a guiding force that informs all legal institutions and decisions with the new power of constitutional values, ensuring that statutes are interpreted in a manner that upholds the principles of democracy, human dignity, and equality.