zimbabwean norms and values
The duty to ‘take into account’ embraces international law into the domestic legal system, thereby requiring courts to let international law influence the outcome of concrete cases where such law is not inconsistent with statutory or constitutional provisions. The Privy Council has, on numerous occasions, indicated that “the language of a Constitution falls to be construed, not in a narrow and legalistic way, but broadly and purposively, so as to give effect to its spirit, and this is particularly true of those provisions which are concerned with the protection of human rights”. As a member, you'll also get unlimited access to over 79,000 Many native Zimbabweans see these changes posing a negative effect on the traditional family and social structures. When asked which line of the three lines matched the single line on the other card, those in on the experiment were instructed to give a correct answer during the first two trials and an incorrect answer on the third trial. The difference has to do with cultural norms. Paper presented at the Judicial Colloquium on the Rights of Vulnerable Groups, held at Sunbird Nkopola Lodge, Mangochi, Malawi, 6 and 7 March 2014, available at (accessed 6 December 2015). Accordingly, it will be inconsistent with the Constitution for judicial officers to just cast a ceremonial glance at international law and then proceed to hastily dismiss its relevance to constitutional issues before the courts. President Robert Mugabe hinted on the mutual responsibility of school and family to build children into responsible citizens during the Independence Children’s Party. Customary international law is binding on Zimbabwe as long as there is no domestic statute or constitutional provision providing for the contrary. The constitutional text is the starting point for determining the meaning and scope of the provisions entrenching fundamental human rights and freedoms. The traditional sounds, rhythms and instruments are distinctive and showcase the colour, creativity, spirit and joy of the Zimbabwean people. When interpreting legislation or developing customary law or the common law, every court must promote the objectives of the DoRs. • Norms are unwritten laws of a society and flouting them entails derision and boycott while, values are guiding principles that help individuals move ahead with confidence in difficult situations, in life. This provision leaves the courts with no discretion over whether or not they should consider international law when interpreting constitutional provisions entrenching fundamental rights and freedoms. Part of the reason for this claim is that openness, justice, human dignity, equality and freedom are, in themselves, values which underlie a democratic society. To give appropriate meaning and content to the rights and freedoms set out in the DoRs, it is important to ensure that human rights are interpreted in a way that pays homage to the letter and spirit of the interpretation clause. 29; and Halford v. the United Kingdom, 32 Eur. In this way, two people with the same totem can be forbidden from marrying as it is seen in a similar light to incest. There is one more point to emphasise in relation to the command to the courts to ‘pay due regard to all the provisions of the Constitution’. Colonial impact has left a dualism in the practices and values of Zimbabweans. The indigenous people of Zimbabwe trace back to Bantu origins and are believed to have populated the land for more than 10 centuries. What are. In Mudzuru and Anor v. Minister of Justice, Legal and Parliamentary Affairs & Others, section 78 of the Constitution, which protects marriage rights for heterosexuals, was interpreted within the context of sections 81 and 44 of the Constitution.52 Section 81 protects, in a broad way, the rights of the child and the principle of the best interests of the child. In the Zimbabwean culture, aunts and uncles have traditionally been the primary source of advice in matters such as relationship but such a role is now considered intrusive as the Internet, peer influence or religious groups that are sometimes a hybrid of different cultures take over. As such, the application of the principle of consistent interpretation does not endow international law with a self-executing character in domestic law — the question of the self-executing character of an international legal instrument being chiefly a question of international law rather that a question of domestic law. However, non-reference to the interpretation clause makes it look like the courts are inventing some mechanism which is not foreseen by the supreme law of the land when in fact they are required to do so by the very same law. Furthermore, the general claim that courts must promote the values and principles which underlie a democratic society suggests that the values and principles which are mentioned in the interpretation clause merely provide guidelines on the kind of values which underlie a democratic society. Values, whether enumerated or not, animate the underlying spirit and philosophy of the Constitution. In S v. Makwanyane, the Constitutional Court of South Africa underscored the idea that “whilst paying due regard to the language that has been used, [an interpretation of the Bill of Rights must be] generous and purposive and give ... expression to the underlying values of the Constitution”. Incorporation and consistent interpretation aside, the developing influence of international law in the national legal system seems to arise from the general amenability of local judges towards the international legal system, regardless of whether the applicable rules of international law are strictly binding on the sitting judge.

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