Sunnyboy Edward Saane v Susan R. Hulme NO (Acting-Magistrate, Johannesburg Magistrates Court) and Minister of Justice

Cited for the principle that section 39(2) applies to interpretation of all statutes.

Applied for the principle that PAJA must be construed consistently with the Constitution and the directive in section 39(2) to interpret all statutes through…

Cited for the principle that provisions of PAJA must be read in accordance with the Constitution where it is reasonably possible to do so.

Applied for the principle that courts must interpret legislation in conformity with the Constitution where reasonably possible, and that judicial officers must…

Cited for the principle of constitutional construction preferring the constitutionally compliant interpretation.

Cited to support the principle that courts should interpret legislation, if reasonably possible, to be in conformity with the Constitution.

Cited to support the proposition that Bridon's interest in confidentiality is underwritten by the constitutional right to privacy under section 14 of the…

Applied for the principle that judicial officers must prefer interpretations of legislation that fall within constitutional bounds but such interpretation…

Applied for the principle that section 39(2) of the Constitution requires courts to interpret legislation in a manner that promotes the spirit, purport and…

Cited for the principle that judicial officers must prefer interpretations of legislation that fall within constitutional bounds, provided such an…

Applied for the principle that all statutes must be interpreted through the prism of the Bill of Rights.

Hyundai is followed for the principle that provisions of the Act must be interpreted in the light of the Constitution.

The court applies the principle that all statutes must be interpreted through the prism of the Bill of Rights in accordance with section 39(2) of the…

Applied the interpretive principle that the Constitution requires judicial officers to read legislation in ways which give effect to its fundamental values and…

Cited for constitutional interpretation principle that judges must prefer interpretation within constitutional bounds.

Cited for the approach that an interpretation which results in the promotion and greater accessibility of constitutional rights must be preferred.

Cited for the principle that an interpretation which better conforms to the right to freedom of expression should be adopted.

Applied for the principle of interpreting statutory provisions through the prism of the Bill of Rights and promoting the spirit, purport and objects of the…

Applied for the principle that a court cannot give a meaning to a provision which it regards as consistent with the Constitution unless the provision is…

Cited for the principle that courts must promote the spirit, purport and objects of the Bill of Rights when interpreting legislation.

Cited to support the principle that courts should interpret legislation to give effect to constitutional values.

Cited on section 39(2) requiring interpretation that promotes the spirit, purport and objects of the Bill of Rights.

Cited for the principle that taking effective action against crime is an important purpose accepted by this Court.

Cited at para 23 for the principle that a statute must be construed in a manner that avoids limiting or infringing a right in the Bill of Rights.

Applied for the duty imposed by section 39(2) of the Constitution requiring courts to interpret legislation to promote the spirit, purport and objects of the…

Cited to establish that constitutional interpretation is subject to the proviso that such interpretation can reasonably be ascribed to the section.

Applied for the principle that a purposive interpretation may not be unduly strained.

Cited for the principle that courts are required to interpret statutes purposively, in conformity with the Constitution and in a manner that gives effect to…

Court cited this decision on the limits of reading down statutes to save them from invalidity.

Court applies principle of preferring constitutional interpretation.

Applied for the principle that legislation must be interpreted through the prism of the Bill of Rights and in conformity with the Constitution, with…

Cited for the principle that the more a person inter-relates with the world, the more the right to privacy becomes attenuated, and that the right to privacy…

Cited for the principle that costs orders are generally not made in criminal proceedings.

Applied in support of the interpretive principle that statutes must be interpreted narrowly to promote constitutional values.

The Court cites Investigating Directorate for the principle that unjustified differentiation would undermine the constitutional imperatives of the Land Court…

Cited for the principle that a constitutionally compatible interpretation should be adopted where the provision is reasonably capable of bearing such an…

Cited for the principle that a constitutionally compatible interpretation should be preferred, provided it is one which the provision is reasonably capable of…

Followed for the principle that a reasonable interpretation preserving constitutionality should be embraced, and an interpretation resulting in limited…

Court cites this case for the proposition that the Constitution is located in a history involving the transition from injustice to democracy based on dignity,…

Cited for the interpretative injunction to promote the spirit, purport and objects of the Bill of Rights.

The court applies the principle from this case that ordinary legislation is not capable of divesting a municipal council of its executive authority, and that…

Cited in Jafta J's minority judgment for the principle that provisions capable of a reasonable interpretation consistent with the Constitution should be upheld.

The court applies the principle that when construing legislation courts must promote the spirit, purport and objects of the Bill of Rights and give…

Cited for the principle that s 39(2) of the Constitution requires courts to interpret legislation in a manner that promotes the spirit, purport and objects of…

Cited for the theme of democratic values, social justice and fundamental human rights in the Constitution, characterising the constitutional enterprise as…

Cited for the principle that courts must prefer interpretations of legislation that fall within constitutional bounds over those that do not, provided such…

The Court applied Hyundai's principles that safeguards must limit the extent to which rights are impaired, and that jurisdictional requirements must be met.

Applied at para 65 for the principle that in applying s 36 of the Constitution a court must weigh the extent of the limitation of the right against the purpose…

Cited in support of the principle that courts must promote the spirit, purport and objects of the Bill of Rights when interpreting legislation.

Cited to emphasize the importance of social justice as a foundational value in the Constitution.

Cited for principle that PAJA must be construed consistently with the Constitution

Cited for the principle that courts must read legislation in ways that give effect to the Constitution's fundamental values.

Applied for the principle that every statute must be interpreted in a manner consistent with the Constitution insofar as the language reasonably permits.

Court cited Hyundai for the proposition that privacy rights are bolstered by the right to dignity in section 10 of the Constitution.

Applied to confirm that search warrants serve an important purpose in the fight against crime, and that a balance must be struck between the interests of the…

Cited for the principle of interpreting legislative provisions to avoid unconstitutionality if reasonably capable of being interpreted that way.