The Constitution of South Africa, 1996, serves as the supreme law of the land and provides the foundation for the interpretation of all other laws in the country. The Constitution contains a Bill of Rights that sets out the rights of all individuals in South Africa and establishes the principles and values that govern the legal system. As such, the Constitution has had a profound impact on the interpretation of statutes by the courts.
One of the key ways in which the Constitution has influenced the interpretation of statutes is through its application of the principle of constitutional supremacy. This principle holds that any law or action that is inconsistent with the Constitution is invalid. As a result, the courts are required to interpret all laws, including statutes, in a manner that is consistent with the Constitution. This means that when a court is called upon to interpret a statute, it must consider whether the statute complies with the Constitution and, if not, whether it can be interpreted in a way that is consistent with the Constitution.
The Constitution also contains a number of provisions that guide the interpretation of statutes. Section 39(2) of the Constitution states that when interpreting any law, the court must promote the values that underlie an open and democratic society based on human dignity, equality, and freedom. This means that when a court interprets a statute, it must consider whether the interpretation promotes these values and whether it advances the rights and freedoms enshrined in the Bill of Rights.
Furthermore, the Constitution has also influenced the way in which the courts approach the interpretation of statutes by emphasizing the need to consider the context in which the law was enacted. This includes considering the historical and social context in which the law was passed, as well as the purpose and objectives of the law. By taking into account the broader context in which a statute was enacted, the courts are better able to ensure that the law is interpreted in a manner that is consistent with the values and principles of the Constitution.
In addition, the Constitution has also played a role in expanding the scope of judicial review of statutes. The Constitution provides for the establishment of a Constitutional Court, which has the power to declare any law or conduct that is inconsistent with the Constitution invalid. This has led to an increased scrutiny of laws by the courts and a greater willingness to strike down laws that are inconsistent with the Constitution.
In conclusion, the Constitution of the Republic of South Africa, 1996, has had a significant impact on the interpretation of statutes by the courts. By promoting the values of an open and democratic society based on human dignity, equality, and freedom, and emphasizing the need to consider the context in which laws are enacted, the Constitution has guided the courts in interpreting statutes in a manner that is consistent with the principles and values of the Constitution. As a result, the Constitution has not only influenced how statutes are interpreted but has also expanded the scope of judicial review and ensured that all laws in South Africa are in accordance with the Constitution.
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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