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HH 270-18
HC 1718/18
of general application in terms of s 86 of the Constitution in that it applies to all traditional
leasers without distinction or discrimination.
The purpose of the limitation is to ensure that traditional leaders remain independent
and impartial. It is intended to ensure that as an logistical institution traditional leadership is
kept outside the toxic policies of political parties thereby retaining the dignity and respect that
traditional leaders command;
“It is submitted that a rule excluding the right of all traditional leaders from participating in
partisan politics and becoming members of political parties is a law of general application in
terms of section 86 in that it applies to all traditional leaders without distinction or
discrimination. The purpose of the limitation is to ensure that traditional leaders remain
independent and impartial. It is intended to ensure that as an important institution, traditional is
kept outside the toxic politics of political parties, thereby retaining the dignity and respect that
traditional leadership commands.”
Interpreting the Constitution of Zimbabwe
In its heads of argument the applicant submitted that this case is also important in so
far as the interpretation of the Constitution of Zimbabwe. The applicant cited s 46 of the
Constitution which gives guidance as to how the Constitution should be interpreted.
Section 46 of the Constitution provides guidance as to how the Constitution should be
interpreted. Section 46 provides that when interpreting the declaration of rights the court:
“ a)
b)
c)
d)
e)
(2)
must give full effect to the rights and freedoms enshrined in this chapter.
must promote the values and principles that underlie a democratic society based on
openness, justice, human dignity, equality and freedom, and in particular, the values
and principles set out in section 3.
must take into account international law and at treaties and conventions to which
Zimbabwe is a party:
must pay due regard to all the provisions of this Constitution in particular the principles
and
objectives set out in Chapter 2: and
may consider relevant foreign law
in addition to considering all other relevant factors that are to be taken into account in
the interpretation of a Constitution.
when interpreting an enactment, and when developing the common law and customary
law,
every court, tribunal, forum or body must promote and be guided by the spirit
and objectives of this Chapter.”
The applicant in its heads of argument also cited the cases of Hewlett v Minister of
Finance & another 1981 ZLR 571 and State v ZUMA and others 1995 (2) SA 642. In Hewlett
v Minister of Finance & another 1981 ZLR 571