Constitutional Interpretation according to First National Bank of SA Limited T/A Wesbank v Commissioner for the South African Revenue Services and another; First National Bank of SA Limited T/A Wesbank v Minister of Finance 2002 (7) Bclr 702 Cc

Abstract

“Constitutional interpretation” has become the focus point of all lawyers and academics interested in the development of Constitutional Law in South Africa.  But far more important than mere interest, is the practical application of the Constitution in every matter handled by lawyers and presided over by presiding officers.

Words, phrases and ideas, foreign to the Roman-Dutch judicial system, have entered our jurisprudence. New concepts have emerged and old, familiar concepts have been re-defined. It is essential to define these new concepts. The guidelines for this interpretation process, laid down by the Higher Courts, specifically the Constitutional Court, are indispensable for the development of Constitutional Law in South Africa.