Section 46: Interpretation of Chapter 4
Constitution of Zimbabwe
(1) When interpreting this Chapter, a court, tribunal, forum or body—
(a) must give full effect to the rights and freedoms enshrined in this Chapter;
(b) 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;
(c) must take into account international law and all treaties and conventions to which
Zimbabwe is a party;
(d) must pay due regard to all the provisions of this Constitution, in particular the
principles and objectives set out in Chapter 2; and
(e) 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.
(2) 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.
Insight: Comprehensive Approach to Constitutional Interpretation
This section establishes a framework that requires courts to interpret Chapter 4 (the Bill of Rights) holistically, looking beyond the literal text. It mandates an expansive view that incorporates international standards, Zimbabwe's treaty obligations, and even relevant foreign precedents. The provision ensures rights are interpreted progressively rather than narrowly, requiring all judicial and quasi-judicial bodies to advance the democratic values of the Constitution in all legal development, whether statutory or customary.