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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repealed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.
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Power to enact, impliedly includes power to ______ and repeal.
Power to enact, impliedly includes power to ______ and repeal.
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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.
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According to Section 12 of the Interpretation Act, if provision ______ is repealed and later re-enacted as Y, all references to X in other existing legislation must be interpreted as references to Y.
According to Section 12 of the Interpretation Act, if provision ______ is repealed and later re-enacted as Y, all references to X in other existing legislation must be interpreted as references to Y.
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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.
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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Co (Pty) Ltd v Johannesburg Western Rent Board, actions executed legally in line with legislation before it was repealed, remain ______ and in force after repeal.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Co (Pty) Ltd v Johannesburg Western Rent Board, actions executed legally in line with legislation before it was repealed, remain ______ and in force after repeal.
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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 ______.
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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.
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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.
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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.
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Repeal of legislation by a competent ______ lawmakers.
Repeal of legislation by a competent ______ lawmakers.
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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.
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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.
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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.
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Repeal is the ______ of legislation by the relevant competent lawmaker.
Repeal is the ______ of legislation by the relevant competent lawmaker.
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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 ______.
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Sunset clauses provide for a limited ______ of the law.
Sunset clauses provide for a limited ______ of the law.
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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.
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Legislation can be temporarily ______ but remains in force.
Legislation can be temporarily ______ but remains in force.
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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.
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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.
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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.
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Legislation does not ______ the common law.
Legislation does not ______ the common law.
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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.
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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.
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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.
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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.
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