It is trite that the fundamental rule of statutory interpretation, to which all other
rules are subordinate, is that where the words of a statute are themselves plain
and unambiguous, no more is necessary than to construe those words in their
natural and ordinary sense. In such a case the intention of the legislature is best
declared by the words themselves.
46. In the case of R v Chinthiti and Others [1997] 1 MLR 59, Nyirenda, J. (as he
was then) took a similar position when he was asked to determine whether
section 294(2) of the Criminal Procedure and Evidence Code (CP & EC)
inhibited the accused’s right to a jury trial and therefore was unconstitutional
for offending the accused’s right to equality as guaranteed under section 20 of
the Constitution as well as the right to a fair trial as guaranteed under section
42(f) of the Constitution.
47. Ruling against an argument that section 294(2) of the CP & EC had no
safeguards and, therefore, there was nothing to stop the Minister from
exercising his powers impromptu, discriminately and even maliciously
against a certain sector of the community, the Court stated, at page 63, as
follows: -
In order to determine whether a particular provision of law offends or derogates
from another, the question really is whether that is the case on the words of the
provision on a literal interpretation or a purposive interpretation thereof. The
question is not what the provision would result into if it fell into the wrongs
hands. Many legal provisions are capable of abuse, but that does not make them
repugnant to the rule of law, justice and human rights…
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