A Namib­ian high court judge has taken an im­por­tant de­ci­sion, in favour of the spirit of the con­sti­tu­tion, to over­turn a vi­o­la­tion of a fun­da­men­tal hu­man right

Financial Mail - - IN GOOD FAITH - @carmel­rickard

The night be­fore the des­per­ately ill woman died, she signed a will, leav­ing ev­ery­thing to her two chil­dren. She be­lieved she had dealt with all the for­mal­i­ties, but a month later the mas­ter of the high court re­jected the will be­cause it had been signed only on the last page and ini­tialed on other pages. to see jus­tice done. He said the ques­tion came be­fore him at a time when con­sti­tu­tional supremacy has re­placed par­lia­men­tary supremacy. “It is there­fore no longer ap­pro­pri­ate for courts to sim­ply de­fer to what par­lia­ment . . . says. They [have] to go fur­ther and ask whether the [law] in ques­tion, pro­motes the spirit of the con­sti­tu­tion and whether the strict ap­pli­ca­tion of the [law] will amount to the vi­o­la­tion of a fun­da­men­tal hu­man right.”

Dis­card­ing prece­dents

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