9 | Interpretation of Chapter 3 (Bill of Rights)

National Constitutional Assembly (NCA) Draft Constitution (2001)

When interpreting this Chapter, a court, tribunal, forum or body must-
1. give full effect to the rights and freedoms set out in this Chapter;
2. promote the values that underlie an open and democratic society based on human dignity, equality and freedom and in particular, the values set out in Section 1.
3. take into account international law, treaties and conventions;
4. consider relevant foreign law interpreting international law, treaties and conventions; in addition to considering all other relevant factors that are to be taken into account in the interpretation of an enactment such as a Constitution.
When interpreting a written law, and when developing the common law or traditional customary law, every court, tribunal and forum must be guided by the spirit and objects of this Chapter.

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3 February 2010 - 1:12am — James Watadza (not verified)

Marriages are being abused by

Marriages are being abused by Nigerians in South Africa in order to come int the country and bring their illegal activities.

There must be a minimum period of marriage specified before citizenship is granted.

3 February 2010 - 1:17am — James Watadza (not verified)

"When interpreting a written law, and when developing the common law or traditional customary law, every court, tribunal and forum must be guided by the spirit and objects of this Chapter"...Somehow this implies Western law as supreme and our Bantu customs and laws as subordinate.

The new constitution must do away with the term 'customary law' or 'common law'. Our laws and customs must be identified as THE LAW. Why must our marriage systems be treated by our own constitution as worthless? Same with our own methods of justice delivery.

Our ways were always superior in maintaining social order...why must they be subordinate?

We need to reawaken our Bantu consciousnesses and take back our colonized minds.