Theme 8 - A practical and inclusive method of interpretation-values

Question 1

Discuss the value-laden (teological) dimension.

The value-laden (teological) dimension.

Answer 1

• This method deals with the aim and purpose of the provisions, and the values embodied in a constitution are also taken into consideration.
• In other words, it is used to ascertain what the particular constitutional provisions must accomplish in the legal order.

Question 2

The new constitutional approach to statutory interpretation, or, moving

Explain the new constitutional approach to statutory interpretation, or, moving from bumper stickers to substantive interpretation.

The value-laden (teological) dimension.

Answer 2

• This dimension of interpretation is not easy to implement due to the nature of our profession, we are not philosophers and we are reluctant to deviate from the letter of the law.
• The value based dimension of interpretation is more than simply lip-service, but involves making those values real; animating them through law,
  interpretation, and application of the law as well as ensuring that the law is respected and adhered to.
• It involves a willingness to keep those values in mind, right from the outset, a mind shift that comprises more ideologies, power, politics, policies and the meaning of the words on paper.

Question 3

Ubuntu.

Discuss ubuntu.

The value-laden (teological) dimension.

Answer 3

• An indigenous African concept referring to a practical humanist disposition towards the world and refers to compassion, tolerance and fairness.
• The concept was applied and explained in S v Makwanyane where it was held that it translate to ‘humaneness’, ‘personhood’ and ‘morality’. It forms an important bridge between communal African traditions and individual Western traditions.