NGCOBO J Constitution.80 Section 39(2) issues an injunction to all courts to interpret legislation so as to “promote the spirit, purport and objects of the Bill of Rights.” Regrettably, a review of lower court decisions (including the High Court in these cases) in which the provisions of section 170A(1) have been considered, shows that courts do not appear to have followed the proper approach to statutory construction. It is therefore worth repeating that approach here. The proper approach to statutory interpretation [82] In Hyundai, we considered this approach under the Constitution and sketched it out as follows: “The purport and objects of the Constitution find expression in s 1, which lays out the fundamental values which the Constitution is designed to achieve. The Constitution requires that judicial officers read legislation, where possible, in ways which give effect to its fundamental values. Consistently with this, when the constitutionality of legislation is in issue, they are under a duty to examine the objects and purport of an Act and to read the provisions of the legislation, so far as is possible, in conformity with the Constitution.” 81 [83] And in Daniels, we elaborated on this approach and said: 80 Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and Tourism and Others [2004] ZACC 15; 2004 (4) SA 490 (CC); 2004 (7) BCLR 687 (CC) at para 72; National Director of Public Prosecutions and Another v Mohamed NO and Others [2003] ZACC 4; 2003 (4) SA 1 (CC); 2003 (5) BCLR 476 (CC) at para 35; Olitzki Property Holdings v State Tender Board and Another [2001] ZASCA 51; 2001 (3) SA 1247 (SCA); 2001 (8) BCLR 779 (SCA) at para 20; S v Dzukuda and Others; S v Tshilo [2000] ZACC 16; 2000 (4) SA 1078 (CC); 2000 (11) BCLR 1252 (CC) at para 37(a); Investigating Directorate: Serious Economic Offences and Others v Hyundai Motor Distributors (Pty) Ltd and Others: In re Hyundai Motor Distributors (Pty) Ltd and Others v Smit NO and Others (Hyundai) [2000] ZACC 12; 2001 (1) SA 545 (CC); 2000 (10) BCLR 1079 (CC) at paras 21-6; National Coalition for Gay and Lesbian Equality and Others v Minister of Home Affairs and Others [1999] ZACC 17; 2000 (2) SA 1 (CC); 2000 (1) BCLR 39 (CC) at paras 23-4; De Lange v Smuts NO and Others [1998] ZACC 6; 1998 (3) SA 785 (CC); 1998 (7) BCLR 779 (CC) at para 85; and Bernstein and Others v Bester and Others NO [1996] ZACC 2; 1996 (2) SA 751 (CC); 1996 (4) BCLR 449 (CC) at para 59. 81 Hyundai above n 80 at para 22. 44

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents