Section 39(1) of the Constitution of the Republic of South Africa, 1996 tells a court, tribunal or…

Section 39(1)(b) and (c) provide that, when interpreting the Bill of Rights, a court "must consider international law" and "may consider foreign law"; the answer is therefore "Must consider international law and may consider foreign law". Consideration of international law is mandatory while the use of foreign law is optional, so reversing the two is wrong. Neither clause makes a foreign decision binding: the provision invites comparative reasoning without importing foreign precedent.