CH 9 Case Law

Question 1

Matiso Case

Answer 1

Explained the difference between constitutional and ordinary
1) The interpretation of the Constitution will be directed at
ascertaining the foundational values inherent in the Constitution.
2) the interpretation of the particular legislation will be directed at ascertaining whether that legislation is capable of an interpretation which conforms with the fundamental values or principles of the Constitution.

Question 2

S v Acheson

Answer 2

1) Justice Mahomed referred to the Constitution as a mirror.
2) It does not simply mechanically define the structures of government and the relations between the government and the
governed.
3) It is a mirror reflecting the national soul (the ideals and
aspirations).