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:

A brief discussion of the five interrelated dimensions of interpretation,

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5 months ago

The Constitution of South Africa has had a significant impact on the interpretation of statutes in the country. Section 39(2) of the Constitution provides guidance on how legislation should be interpreted, emphasizing the importance of promoting the spirit, purport, and objects of the Bill of Rights. In order to understand how the Constitution has influenced the interpretation of statutes, it is important to consider the five interrelated dimensions of interpretation.

The first dimension of interpretation is the textual dimension, which focuses on the actual words of the statute. When interpreting statutes, the courts often look at the language used in the legislation to determine the meaning of the provisions. However, the Constitution has played a role in expanding the textual dimension of interpretation by requiring that statutes be interpreted in a way that is consistent with the values and principles of the Constitution. This means that courts must consider not only the literal meaning of the words in the statute, but also how those words align with the overarching principles of the Constitution.

The second dimension of interpretation is the contextual dimension, which involves considering the context in which the statute was enacted. The Constitution has influenced this dimension by requiring courts to interpret legislation in light of the historical context in which it was passed, as well as the broader legal and societal context. This means that courts must take into account the values and principles of the Constitution when interpreting statutes, and consider how the legislation fits within the framework of the Constitution.

The third dimension of interpretation is the purposive dimension, which involves determining the purpose or intention behind the statute. The Constitution has had a significant impact on this dimension by emphasizing the importance of promoting the spirit and purport of the Bill of Rights. This means that when interpreting statutes, courts must consider whether the legislation aligns with the objectives of the Constitution, and whether it promotes the values and principles enshrined in the Bill of Rights.

The fourth dimension of interpretation is the structural dimension, which involves considering the structure of the legislation and how different provisions relate to each other. The Constitution has influenced this dimension by requiring that statutes be interpreted in a way that promotes the coherence and integrity of the legal system. This means that courts must consider how the provisions of a statute fit together, and whether they form a coherent and consistent framework that is compatible with the Constitution.

The fifth dimension of interpretation is the dynamic dimension, which involves recognizing that the meaning of statutes can evolve over time. The Constitution has influenced this dimension by requiring that statutes be interpreted in a way that is responsive to changing social and legal conditions. This means that courts must consider how the interpretation of legislation may need to adapt in order to uphold the values and principles of the Constitution in a changing society.

In conclusion, the Constitution of South Africa has had a profound impact on the interpretation of statutes in the country. By emphasizing the importance of promoting the values and principles of the Bill of Rights, the Constitution has influenced the way in which legislation is interpreted in terms of the five dimensions of interpretation. This has not only led to a more principled and rights-focused approach to statutory interpretation, but has also ensured that the legal system remains consistent with the overarching values of the Constitution.