Changes to Legislation and Demise

Courts may modify the initial meaning of legislative text to ensure it reflects the ______ and object of the legislation.

The process whereby the legislation is deleted, in other words, removed from the statute book is known as ______.

The ______ Court may declare legislation unconstitutional according to Section 172 of the Constitution.

Legislation can be declared unconstitutional if it ______ a fundamental right or is in conflict with another constitutional requirement.

According to S172(1), a Court must declare legislation ______ with the Constitution as unconstitutional.

If a High Court or SCA declares legislation unconstitutional, it has no force until ______ by the Constitutional Court.

If provision ______ is repealed and later re-enacted as Y, all references to X in other existing legislation must be interpreted as references to Y.

According to § S12(2), a repealed Act does not regain the force of ______ if the repealing Act itself is repealed.

In the case of Transnet Ltd v Ngcezula, the current ______ is preserved until the pending case is finished.

Actions executed legally in line with legislation before it was repealed, remain valid and in ______ after repeal.

The right or privilege in question must have been acquired or accrued in terms of the repealed ______ before the repeal.

Despite the repeal of laws, for a period of three years after the general effective date of repeal the Commission may exercise any powers in terms of that repealed ______ to investigate any breach of that law that occurred during the period of three years immediately before the general effective date.

Common law rules can be abrogated through ______ but legislation cannot be.

In order for legislation to “disappear” it must be ______ by a competent body; or declared invalid by a court.

Pre 1994, ______ was Sovereign and courts could only invalidate delegated legislation which did not comply with common law rules of administrative law.

The ______ is not “self-executing.” Legislation that is inconsistent with the Constitution is not automatically declared unconstitutional and invalid.

A ______ must declare legislation invalid if it is inconsistent with the Constitution.

Section 10 of the Interpretation Act states that power to ______ includes power to repeal or amend, unless the contrary can be found from the wording of the enabling Act.

The judgement in Entabeni is reflected in the case of First National Bank of SA v ______.

According to the rule, generalia ______ non derogant, a provision in a subsequent general Act does not repeal an earlier specific provision.

The rule of legislative repeal by implication only applies if the objects of the two conflicting provisions are in ______.

Legislative repeal by implication will only be accepted by the court if the subsequent legislation manifestly ______ the earlier legislation.

The case of Minister of Police v Haunawa relates to legislative repeal by implication, which only applies if the objects of the two conflicting provisions are in ______.

It is a sound rule to construe a statute in ______ with the common law rather than against it, except where and so far as necessary.

It is presumed that legislation does not alter the ______.

This presumption is rebutted if legislation clearly provides that the ______ is being altered on a particular point.

An attempt should be made to read the earlier and subsequent legislation together in an effort to ______ them.

If two apparently contradictory provisions are capable of a sensible interpretation which would ______ the apparent contradiction, that interpretation should be preferred.

If such reconciliation is impossible, it has to be presumed by necessary implication that the latter of the two provisions ______, resulting in the amendment or repeal of the earlier one.