MINISTER OF DEFENCE v REDGMENT 1983 (1) ZLR 206 (S)

Flynote

Statutes — Constitution of Zimbabwe Rhodesia 1979 — Pensions and Other Benefits Act 1979 — s 35 — member of Army or Air Force "as defined in" Regulations — meaning of.

Headnote

The respondent had joined the then Rhodesian Army as a medical cadet in 1977 and in due course qualified as a medical practitioner. In June 1982 he gave notice of his intention to retire early, in terms of s 37(1) of the Pensions and Other Benefits Act 1979, which Act was included in Part IV of the Third Schedule of the Constitution of Zimbabwe - Rhodesia 1979 and remained in force as part of the Constitution of Zimbabwe.

He had complied with all the relevant provisions of s 35 of the Act and the sole issue was whether he was, on the 1 October 1978, a member of the Regular Force of the Army "as defined in the Defence (Regular Force) (European Members) Regulations", RGN E 100/1976. "Member" was there defined as - "A European male non-commissioned officer or soldier attested in the Regular Force other than the Guard Force".

The Minister had advised that the Act did not apply to the respondent as a medical officer cadet and declined to accept his notice of early retirement. The present proceedings ensued. In the High Court SQUIRES J ruled in the respondent's favour. Decision of SQUIRES J confirmed.

The Minister appealed, arguing that in the context the words "as defined in" were ambiguous and ought to be interpreted as adopting the definition in the Regulations as it is employed for the purpose of those Regulations.

Held, that while it is correct to interpret words by reference to their context, one cannot simply ignore the plain or ordinary meaning. The context to be considered was that in which s 35 appears; and in that context the words mean what they say. The definition incorporated by reference must be read with s 35 as if repeated verbatim therein, and there were no grounds for giving the words anything other than their ordinary meaning.