Constitutional Court Decisions on Right to Life and Self-Defence

Common law = Rules of law not originally written down Legislation = Enacted law-texts like Acts of Parliament Act (upper case) = Parliamentary statute Act (lower case) = Conduct or action of a government official

Types of legislation = Acts of Parliament, provincial legislation, municipal by-laws, etc. Indigenous (customary) law = Part of the law consisting of customs Interrelationship between laws = Relationship between old order and new post-1994 laws Basic legal principles = Underlying principles of common law

Nuts and bolts of legislation = Technical aspects like types and categories of legislation Black letter law = Literal interpretation of written law Enacted law-texts = Another term for statute law Proclamations and regulations = Forms of enacted legislation

Literal interpretation of legislation = Court cannot read the legislation word for word Historical background and surrounding circumstances = Factors that may influence interpretation Right to life in the Constitution = Guarantee against state taking a person's life in retribution S v Makwanyane 1995 (3) SA 391 (CC) ruling = Declaration of death penalty as unconstitutional

Regular commuter who dozed off waiting for the train = No legal implication Man who settled down for the night at the station = Arrested while still awake Interpretation of statutes based on literal sense = Not always appropriate due to complexity Section 11 of the Bill of Rights in the Constitution = Right to life interpreted as protection against state taking life in retribution

Biological impossibility of immortality = Absurdity in literal interpretation Interpretation of enacted law-text like the Constitution = Courts determine meaning based on context and purpose Decision in S v Makwanyane case = Ruling on death penalty and right to life interpretation Right to life guarantee in the Constitution = Protection from state taking a person's life in retribution

Makwanyane and Ex parte Minister of Safety and Security = Existing right to kill in self-defence not abolished by the Constitution Soobramoney v Minister of Health, KwazuluNatal = Constitutional right to life does not mean state has duty to keep all terminal patients alive Carmichele v Minister of Safety and Security = Linking constitutional rights to life and freedom/security of the person to state's duty not to infringe these rights Du Plessis (1999: 230) = Explains the complexity of understanding legal text beyond language

Supreme Constitution = Forms part of the interpretation process Context of legislation = Influences interpretation beyond literal meaning Competing human rights = Considered in legal interpretation Fundamental values = Part of the nuanced and multi-faceted interpretation process

'Everyone has the right to life' = Not simple and unambiguous due to legal interpretations 'State has a duty to keep all terminal patients alive' = Not mandated by the constitutional right to life 'Constitutional duty imposed on the state' = To refrain from acts that infringe on constitutional rights 'Understanding a legal text merely by concentrating on its language' = Explained as insufficient by Du Plessis

Parliamentary sovereignty = Replaced by constitutional supremacy Interpretation clause = Requires consideration of fundamental rights Method of statutory interpretation = At the center of debate about human rights protection Constitution of 1996 = Retained principles transforming statutory interpretation

27 April 1994 = Constitution of the Republic of South Africa 200 of 1993 (interim Constitution) 4 February 1997 = Constitution of the Republic of South Africa, 1996

Introduction of a bill of rights = Heralded new methodology and theory of interpretation Influence on rules of statutory interpretation = By new constitutional order

Critical questions no longer theoretical reflections = Debate focused on correct method of interpretation Value judgements taken into account = Courts cannot ignore them during interpretation

Parliamentary sovereignty = The highest legislative body with the power to enact any laws it wishes Positivism = Jurisprudence influenced by the belief that law is based on social facts and not on moral reasoning Subjective theory of interpretation = Advocacy for interpreting laws based on the original intent behind them Constitutional democracy = A system of government where the constitution limits the powers of government officials

Apartheid = A policy of segregation and discrimination against non-white South Africans Justiciable bill of rights = A bill of rights that can be enforced and adjudicated by courts Race discrimination laws = Laws that discriminate against individuals based on their race Draconian security legislation = Harsh and oppressive laws related to maintaining security and order

Fairness = An aspect that cannot be tested against parliamentary Acts in the previous system Equality = Another aspect that cannot be tested against parliamentary Acts in the previous system Compatibility with the constitution = Requirement for all statute laws to be interpreted to align with the constitution Sympathetic interpretation of apartheid legislation = Facilitated by Steyn's advocacy of a specific theory of interpretation

Political hegemony of Afrikaner Nationalism = Greatly influenced the methodology and theory of interpretation in South Africa Demise of apartheid state = Led to a new political and legal order involving a negotiated constitution with a bill of rights New constitutional and political dispensation = Cleansed of all race discrimination laws to allow courts to test and invalidate legislation Enforcement of legitimate constitution = Involves interpreting all statute laws to be compatible with the letter and spirit of the constitution