Post-1994 South Africa's approach to statutory interpretation has undergone a significant

transformation, a consequence of the constitutional supremacy principle. The interpretation of statutes

post-1994 prioritizes constitutional values and principles, with the goal of maintaining the
constitutionality and validity of legislation. The Centre for Human Rights has requested an opinion to
clarify the post-1994 approach to statutory interpretation and its effect on the interpretation of statutes
in the era of constitutional supremacy. This essay will provide an opinion on this matter, with reference
to relevant case law.

Section 39(2) of the Constitution and the new interpretive approach followed in the Bato Star case:

Section 39(2) of the Constitution outlines the duty of the court to apply the Constitution in interpreting
any law or provision. This provision has shaped the interpretative approach followed by the courts in the
post-1994 era. The Bato Star case illustrates this new approach to statutory interpretation. In this case,
the Constitutional Court introduced a new interpretive approach called the ‘purposive approach’ to
interpreting statutes that aligns with the principles of the Constitution. The court held that legislation
should be given a broad and purposive interpretation that aligns with the principles of the Constitution.
The court also held that the purpose of the legislation must be examined to understand its effect and to
determine how to interpret the legislation to achieve its specific objectives.

The constitutional foundation according to Langa DP and Ngcobo J:

The interpretive approach followed in Bato Star is grounded in the Constitution's constitutional values,
which should be prioritized when interpreting the law to ensure that it aligns with the Constitution's
principles. In the case of S v Makwanyane, Langa DP and Ngcobo J emphasized the importance of
interpreting laws in a way that promotes fundamental human rights and protects the dignity of all
individuals. The court held that the Constitution's fundamental rights provisions are the foundational
values on which South Africa's constitutional democracy is built, and courts must prioritize these values
when interpreting the law to ensure that it remains constitutional.

Conclusion:

In conclusion, the post-1994 approach to statutory interpretation is predicated on prioritizing and

promoting constitutional values and principles when interpreting legislation. The constitutional
supremacy principle is at the center of this new approach, and the courts have adopted a purposive
interpretation method to ensure that the legislation's purpose aligns with the Constitution's
fundamental values. This interpretive approach promotes the protection of fundamental human rights
and ensures that the law serves the greater good of society.