5 10 courts of competent jurisdiction and all authorities can construe any existing laws with the necessary qualifications, adaptations and modifications to bring it into conformity with the Constitution under article 274. They can only do so by interpreting the relevant article or articles of the Constitution. Similarly, judicial officers and courts are sworn to uphold the Constitution and can only do this by interpreting and applying any provision of the Constitution that is relevant to the case before them. Where any question, issue or controversy as to the interpretation of the Constitution arises, it can be referred to the Constitutional Court for interpretation and directions as to the understanding, or the meaning, or scope or purpose of any article, This is by application of article 137 (5) of the Constitution. Article 137 (5) and (6) of the Constitution provides that: 15 (5) Where any question as to the interpretation of this Constitution arises in any proceedings in a court of law other than a field court martial, the court- fa) may, if it is of the opinion that the question involves a substantial question of law; and (b) shall, if any party to the proceedings requests it to do so, refer the question to the Constitutional Court for decision in accordance with clause (1) of this article. 20 25 30 35 (6) Where any question is referred to the Constitutional Court under clause (5) of this article, the Constitutional Court shall give its decision on the question, and the court in which the question arises shall dispose of the case in accordance with that decision. It is quite clear from a reading of article 137 (5) of the Constitution that in the course of interpretation of the Constitution by any other court, where any controversy or question as to the interpretation of the Constitution arises, the court may refer the question to the Constitutional Court if it is of the opinion that the question involves a substantial question of law and shall if any of the parties to the proceedings request it to do so, refer the question to the Constitutional Court for decision under article 137 (1) of the Constitution. Clearly article 137 (1) provides that any question as to interpretation of the Constitution shall be determined by the Constitutional Court. In its entirety, article 137 of the Constitution does not exclude other courts from interpreting the Constitution. It only restricts the jurisdiction of courts to interpretation only where there is no question as to interpretation. Where any question as to interpretation arises, that question or questions can only be determined by the Constitutional Court which has exclusive jurisdiction to determine such questions as to interpretation under article 137 (1) of the Constitution. It follows that in the course of enforcement of the Constitution, all courts are enjoined to interpret the Constitution and apply it unless they have 2