Comprehension of Act Commencement Dates

Commencement of Laws

• Commencement of a law is on the day it gets published in the Gazette, unless legislation provides another date.
• "Commencement day" begins at midnight in operation at the end of the previous day – date specified in statute.
• A date fixed by the President or the Premier of a province means the Act will commence at a later date to be proclaimed, which can be different dates for different provisions of the Act.

Restrictive Interpretation

• Applied when the words of a particular legislation embrace more than its purpose.
• Initial meaning of text is reduced.
• The Eiusdem Generis Rule means "of the same kind" and is applied to qualify the meaning of words by their relationship to other words.
• Requirements for the rule to be applied:
  • Specific words must refer to a definite genus or category.
  • Specific words must not have exhausted the genus.
  • The order of words is unimportant.
  • Intention of legislature to such restrictive interpretation must be evident.

Presumptions

• Presumption that legislation only applies to the future, unless it is consistent with the Constitution or constitutionally justified.
• Presumptions apply if consistent with the Constitution or constitutionally justified.
• Presumption are on future matters, as stated in the Bill of Rights (Sec 35(3) (i) and 35(3)(n)).
• Laws are presumed to regulate future matters unless expressly or by necessary implication.
• Express Retrospective application:
  • Must be provided expressly that it has retrospective (forward-looking) force.
  • No new offence can be created retrospectively (Sec 33(3)(i)).
  • Accused has the right to benefit of the least severe punishments, if punishments have been changed between the time of the offence and sentencing (Sec 33(3)(n)).

The Interpretation Act 33 of 1957

• Part I: General provisions regarding the interpretation of statutes that apply in the Republic.
• Parts II – V: Particular provisions applying in the different provinces.
• Part VI: Provides that the Act binds the state.

Time Factors

• The meaning of 'month' is a calendar month, not lunar (Sec 2).
• The computation of time:
  • Statutory method (Sec 4 of the Interpretation Act):
    • 1st day excluded, last day included unless it falls on a Sunday or public holiday.
    • Applied where other legislation doesn't mention time.
  • Common-law methods:
    • Computatio civilis (Ordinary/Civil method):
      • 1st day included & last day excluded.
    • Computatio naturalis (Natural method):
      • Prescribed period from the hour/minute of the occurrence to the corresponding hour/minute on the last day of the period in question.
    • Computatio extraordinaria (Extraordinary civil method):
      • The 1st & last days are included.

This quiz assesses understanding of different scenarios for the commencement of acts, including fixed dates, commencement at midnight, and dates proclaimed by the President or Premier.