Podcast
Questions and Answers
Common law rules can be abrogated through ______ but legislation cannot be.
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;
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repealed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.
Legislation that is inconsistent with the ______ is not automatically declared unconstitutional and invalid.
Constitution
A ______ must declare it invalid.
A ______ must declare it invalid.
Power to enact, impliedly includes power to ______ and repeal.
Power to enact, impliedly includes power to ______ and repeal.
Section 10 of the ______ Act provides that power to enact includes power to repeal or amend.
Section 10 of the ______ Act provides that power to enact includes power to repeal or amend.
According to Section 12 of the Interpretation Act, if provision ______ is repealed and later re-enacted as Y, all references to X in other existing legislation must be interpreted as references to Y.
According to Section 12 of the Interpretation Act, if provision ______ is repealed and later re-enacted as Y, all references to X in other existing legislation must be interpreted as references to Y.
The case of Transnet Ltd v Ngcezula deals with ______ cases, where the current position is preserved until the pending case is finished.
The case of Transnet Ltd v Ngcezula deals with ______ cases, where the current position is preserved until the pending case is finished.
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Co (Pty) Ltd v Johannesburg Western Rent Board, actions executed legally in line with legislation before it was repealed, remain ______ and in force after repeal.
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Co (Pty) Ltd v Johannesburg Western Rent Board, actions executed legally in line with legislation before it was repealed, remain ______ and in force after repeal.
The right or privilege in question must have been acquired or accrued in terms of the repealed legislation before the ______.
The right or privilege in question must have been acquired or accrued in terms of the repealed legislation before the ______.
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.
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.
The Commission may investigate any breach of that law that occurred during the period of ______ years immediately before the general effective date.
The Commission may investigate any breach of that law that occurred during the period of ______ years immediately before the general effective date.
Delegated legislation can be invalidated by a ______ if it does not comply with the requirements of administrative law.
Delegated legislation can be invalidated by a ______ if it does not comply with the requirements of administrative law.
Repeal of legislation by a competent ______ lawmakers.
Repeal of legislation by a competent ______ lawmakers.
To prevent this legislative short ______, the repealing legislation may expressly provide for a suitable transitional period.
To prevent this legislative short ______, the repealing legislation may expressly provide for a suitable transitional period.
Section 11 of the ______ Act states that the repealed law shall remain in force until the substituted provisions come into operation.
Section 11 of the ______ Act states that the repealed law shall remain in force until the substituted provisions come into operation.
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.
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.
Repeal is the ______ of legislation by the relevant competent lawmaker.
Repeal is the ______ of legislation by the relevant competent lawmaker.
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 ______.
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 ______.
Sunset clauses provide for a limited ______ of the law.
Sunset clauses provide for a limited ______ of the law.
According to the rule of implied repeal, where two enactments clash, the newest ______ prevails.
According to the rule of implied repeal, where two enactments clash, the newest ______ prevails.
Legislation can be temporarily ______ but remains in force.
Legislation can be temporarily ______ but remains in force.
A provision in legislation which terminates all or portions of the law after a specific date is called a ______ clause.
A provision in legislation which terminates all or portions of the law after a specific date is called a ______ clause.
The question of whether provisions of Act (B) which were incorporated into other Act’s by reference are also ______ when Act (B) is repealed.
The question of whether provisions of Act (B) which were incorporated into other Act’s by reference are also ______ when Act (B) is repealed.
It is a sound rule to construe a statute in conformity with the ______ rather than against it.
It is a sound rule to construe a statute in conformity with the ______ rather than against it.
Legislation does not ______ the common law.
Legislation does not ______ the common law.
An attempt should be made to read the earlier and subsequent legislation together in an effort to ______ them.
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 two apparently contradictory provisions are capable of a sensible interpretation which would ______ the apparent contradiction, that interpretation should be preferred.
It is presumed that the legislature did not intend to ______ or modify the earlier Act.
It is presumed that the legislature did not intend to ______ or modify the earlier Act.
If such ______ is impossible, it has to be presumed by necessary implication that the latter of the two provisions prevails.
If such ______ is impossible, it has to be presumed by necessary implication that the latter of the two provisions prevails.
