Question

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.

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