Supremacy of the Constitution 18. The supremacy of the Constitution is apparent under section 5 of the Constitution. It states that: Any act of Government or any law that is inconsistent with the provisions of this Constitution shall, to the extent of such inconsistency, be invalid. 19. It follows from the foregoing that the provisions of the Constitution provide for a validity test for all laws including statutory provisions. Under section 48(2) of the Constitution, it is clear that the statutory provisions are under Constitutional dictates. Section 48(2) of the Constitution states that: - An Act of Parliament shall have primacy over other forms of law, but shall be subject to this Constitution. 20. This means that any inconsistency of law with the provisions of the Constitution has a logical consequence of being rendered unconstitutional. Testing the constitutionality of a law, therefore, entails the act of subjecting to the examination of the consistency of that particular law with the general spirit of the Constitution. 21. Simply put, the Constitution is a superior law upon which all other laws derive their legitimacy and validity. Page 10 of 45