Constitutional Interpretation (Zim)
In the context of the current 2026 legal challenges against Constitutional Amendment No. 3, the Zimbabwean courts must apply the principles of constitutional supremacy and "Section 328" to resolve the dispute. Here is an outlines how these specific rules will likely be invoked in court to handle the conflict between the proposed term extension and the existing constitutional safeguards. Constitutional Interpretation In the Zimbabwean legal system, the Constitution is not merely a statute but a living document that serves as the ultimate yardstick for legality. When the courts are confronted with two conflicting interpretations of a constitutional provision, they do not have the discretion to choose arbitrarily. Instead, they are guided by a mandatory framework of "purposive" and "values-based" interpretation. The primary tie-breaker in any constitutional conflict is found in Section 46 of the Constitution of Zimbabwe. This section dictat...