Die Konstitusionele Hof se benadering tot grondwetlike waardes in die doelsgebonde uitlegmetode

Abstract

Constitutional values are primarily used to give contents and meaning to the rights enshrined in the Bill of Rights. The values ensure that the Constitution is adaptable in every possible situation and ensure that an interpretation in a specific case 1s reconciable with the Constitution as a whole. The meaning of the values 1s determined by the courts through interpretation. The interpretation must promote the development of the society as foreseen by the Constitution. It is argued that the Constitutional Court performs the duties laid on it by section 39(1)(a) satisfactorily. It is clear from the analysis of case law that the court promotes the values that underlie an open and democratic society based on human dignity, equality and freedom, in each of those cases. The court has regard to constitutional values in circumstances where laws, acts and other phenomena are tested against the provisions of the Bill of Rights. It is suggested that the court pay more attention to indigenous concepts such as ubuntu when having regard to constitutional values, although ubuntu is not expressly stated as a value in the 1996 Constitution. That will ensure an autochthonous and truly South African culture of constitutional adjudication which would cope with the needs and expectations of the people and speed up change. These conclusions were reached through a selective and necessarily brief analysis of the nature and method of the teleological approach to interpretation and of the nature, contents and importance of constitutional values. Case law was examined to determine whether the court adhered to its duty as foreseen by section 39(1)(a) of the 1996 Constitution.