The Judical Officer - Dec 07 - Joasa.org.za

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human human human human dignity, dignity dignity dignity equality equality equality equality and freedom. freedom freedom freedom The true importance of these three core
values, will become clear when we take a look at the supremacy clauses of the
South African Constitution (par 5).
(2) Section 39(1) of the Constitution is mandatory. Why ? Because every court,
tribunal or forum must consider international law. But, with regard to this
compulsory consideration of international law, every court, tribunal or forum may
consider (municipal) foreign law with regard to how a foreign municipal
court, which applied its’ OWN OWN (local) law law WITHIN a SUPREME SUPREME constitution constitution, constitution
interpreted this corresponding (human or) fundamental right.
(3) Section 39(1) of the Constitution stipulates that every court, tribunal or forum
* must only consider international law; and
* must not necessarily apply international law.
It is imperative to note that this judicial discretion in terms of section 39(1) (b) is not
much of a discretion. Why ? Because section 232 232 of the Constitution stipulates that
customary international law is part of the South African law, provided that this
customary international law is not not inconsistent
* with the Constitution; or
* with an Act of Parliament.
With regard to this section 232, section 233 of the Constitution must be considered.
Section Section Section 233 233 of the Constitution stipulates that when ANY legislation is INTERPRETED,
every court must prefer any reasonable interpretation that is consistent over any
alternative interpretation of this legislation that is inconsistent with international law.
It is trite that the Constitution is the supreme law of South Africa. This prompts us to
take a look at the supremacy clauses in the South African Constitution.