Constitutional Interpretation
22. Section 11 of the Constitution provides for the principles that Courts ought to
apply when interpreting its provisions.
23. This provision gives the Court the principles that must be taken full account
of whenever it is interpreting the provisions of the Constitution. It states that
the interpretation of the Constitution must be that which promotes the values
which underlie open and democratic society; takes full account of Chapter III
and IV of the Constitution; and where applicable, has regard to current norms
of public international law and comparable foreign case law.
24. In the case of Nseula v Attorney General and Another [1999] MLR 313 the
High Court opined that constitutional interpretation requires a unique and
cautious approach. The Court, thus, stated that the Constitution must not be
interpreted in isolation, but must be read in the context as a whole. The
reasoning of the Court in this case was that when construing the Constitution,
the Court ought to accord and give meaning and interpretation that which
would render it effective. The Constitution should, thus, be given a generous
construction which would not unjustifiably erode civil liberties (See the
Botswana case of Letsweletse Motshiemang v Attorney General;
LEGABIBO (Amicus Curiae) MAHGB-000591-16, 228 (High Court 2009).
25. In DPP v Norman Paul Chisale & 6 Others Constitutional Reference 1 of
2021 [2022] MWHC 7 the Court quoted with approval the holding of the
South African Court in the case of S v Acheson (1991) (2) SA 805 (Nm) 813
A-C in which the Chief Justice stated that: Page 11 of 45