Changes to Legislation and Judicial Review

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

disuse

In order for legislation to “disappear” it must be ______ by a competent body;

repealed

Legislation that is inconsistent with the ______ is not automatically declared unconstitutional and invalid.

Constitution

A ______ must declare it invalid.

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Power to enact, impliedly includes power to ______ and repeal.

amend Signup and view all the answers

Section 10 of the ______ Act provides that power to enact includes power to repeal or amend.

Interpretation Signup and view all the answers

According to Section 12 of the Interpretation Act, if provision ______ is repealed and later re-enacted as Y, all references to X in other existing legislation must be interpreted as references to Y.

X Signup and view all the answers

The case of Transnet Ltd v Ngcezula deals with ______ cases, where the current position is preserved until the pending case is finished.

ongoing Signup and view all the answers

According to Garydale Estate and Investment Co (Pty) Ltd v Johannesburg Western Rent Board, actions executed legally in line with legislation before it was repealed, remain ______ and in force after repeal.

valid Signup and view all the answers

The right or privilege in question must have been acquired or accrued in terms of the repealed legislation before the ______.

repeal Signup and view all the answers

According to Item 8, Schedule 2 of the Consumer Protection Act, despite the repeal of laws, for a period of ______ years after the general effective date of repeal the Commission may exercise any powers in terms of that repealed law.

three Signup and view all the answers

The Commission may investigate any breach of that law that occurred during the period of ______ years immediately before the general effective date.

three Signup and view all the answers

Delegated legislation can be invalidated by a ______ if it does not comply with the requirements of administrative law.

court Signup and view all the answers

Repeal of legislation by a competent ______ lawmakers.

lawmaker Signup and view all the answers

To prevent this legislative short ______, the repealing legislation may expressly provide for a suitable transitional period.

circuit Signup and view all the answers

Section 11 of the ______ Act states that the repealed law shall remain in force until the substituted provisions come into operation.

Interpretations Signup and view all the answers

When repealing Act (A) with Act (B), there might be the possibility that Act (A) is repealed and Act (B) is not yet in ______ at that time.

force Signup and view all the answers

Repeal is the ______ of legislation by the relevant competent lawmaker.

revocation Signup and view all the answers

Solicitor-General v Malgas Ruled that where earlier legislation is incorporated by reference into later legislation, it is not simultaneously repealed when the earlier legislation is ______.

repealed Signup and view all the answers

Sunset clauses provide for a limited ______ of the law.

lifespan Signup and view all the answers

According to the rule of implied repeal, where two enactments clash, the newest ______ prevails.

enactment Signup and view all the answers

Legislation can be temporarily ______ but remains in force.

suspended Signup and view all the answers

A provision in legislation which terminates all or portions of the law after a specific date is called a ______ clause.

sunset Signup and view all the answers

The question of whether provisions of Act (B) which were incorporated into other Act’s by reference are also ______ when Act (B) is repealed.

repealed Signup and view all the answers

It is a sound rule to construe a statute in conformity with the ______ rather than against it.

common law Signup and view all the answers

Legislation does not ______ the common law.

alter Signup and view all the answers

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

reconcile Signup and view all the answers

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