1. Section 26 of the interim Constitution: Subsections (1) and (2) must be read together to determine the content of the right to economic freedom. The right to engage freely in economic activity means participation subject to the inherent and rational constraints of the economic sphere, not absolute freedom from all regulation.
2. Section 26(2) requires a rational basis test: Measures must be designed to promote one of the specified purposes (protection/improvement of quality of life, economic growth, human development, social justice, fair labour practices, equal opportunity) and must be justifiable in an open and democratic society based on freedom and equality. This requires only a rational connection between the legislative measure and the legitimate purpose, not the proportionality analysis required by section 33.
3. Liquor licensing and regulation: A licensing system controlling the sale of liquor (a potentially harmful substance), including restrictions on who may sell, what may be sold, when and where, is rationally connected to the legitimate purpose of curtailing harmful effects of alcohol consumption and therefore does not infringe section 26.
4. Restrictions on hours of sale of liquor have a rational basis in controlling consumption and also serve purposes of economic growth, human development and fair labour practices by allowing small traders to close and protecting employees from overtime pressure.
5. Legislative expansion vs. constitutional challenge: Courts cannot expand statutory exceptions to create new rights; challenges to prohibitions must be directed at the prohibiting provisions, not at exempting provisions. A court cannot legislate by expanding the scope of an exemption.
6. Sunday as closed day - majority ratio: Designation of Sunday (even with Good Friday and Christmas Day) as a closed day for liquor sales does not infringe section 14 where: (a) it does not compel religious observance; (b) it does not prohibit business generally, only sale of one product; (c) Sunday has acquired a secular character as a common day of rest; (d) the restriction is part of the normal constraints of a licensing system applicable to all; and (e) the connection to religious observance is too tenuous to constitute coercion or constraint on freedom of religion.
7. New evidence on appeal to Constitutional Court: Disputed factual and expert evidence will not generally be admitted for the first time on appeal to the Constitutional Court. Rule 19 deals with compilation of the appeal record, not introduction of new evidence. Rule 34 permits only limited additional material. Litigants must use opportunities in lower courts to place evidence on record.