[The Constitution] is ’a mirror reflecting the national soul”, the identification
of the ideals and aspirations of a nation; the articulation of the values bonding
the people and disciplining its government. The spirit and tenor of the
Constitution must therefore preside and permeate the processes of judicial
interpretation and judicial discretion.
26. In Re Reference by Western Highlands Provincial Executive, [1996] 3 LRC
28 the Court held that in any questions relating to the interpretation or
application of any provision of a Constitution, the primary aids to
interpretation ought to be found in the Constitution itself and where a
provision of the Constitution is so clear and unambiguous, an interpretation
can be made of it without recourse to interpretational aids and recourse should
only be had of such materials when the meaning of the words used is not clear.
27. The primary duty of the Judge when interpreting the Constitution is, as
assiduously stated by Aguda J.A. in a Botswana case of Attorney General v
Dow, [1992] BLR 119 (CA) to make the Constitution grow and develop in
order to meet the just demands and aspirations of an ever-developing society
which is part of the wider and larger human society governed by some
acceptable concepts of human dignity.
28. This Court is, therefore, duty-bound to take into account these principles when
interpreting and applying the provisions that the 1st Claimant is alleging to
have been violated by section 27(4) of the Employment Act and section 11(2)
of the Pension Act.
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