CSI301-Unit 2: Legislation as a Source of Law

The student will be able to define, consider and understand the concepts of ______ as source of law.

Law is made for and by ______.

The Republic of South Africa has a ______ legal system.

Enacted law-text is referred to as ______ law-text.

According to Kleyn & Viljoen, 2014, the law is not ______ in stone.

The ______ Act of 1957 is a prescribed reading for the study unit.

The South African legal system is a hybrid of ______ dutch common law and indigenous customary law.

The provisions of the Interpretation Act shall apply to the interpretation of every ______ in force.

According to Section 2, '______' means any law, proclamation, ordinance, act of parliament or other enactment having the force of law.

There are two main categories of legislation: ______ and Hierarchical.

The differences between all types of legislation matter because it can determine when a legislation ______ and demises.

The doctrine of abrogation was mentioned in the case of ______ 2009 (1) SACR 276 (SCA).

Old-order legislation is defined in item 2, Schedule 6 of the ______.

Pre-union legislation includes legislation from ______ colonies and Boer republics.

Legislation refers to enacted law-text, meaning adopted, issued, or promulgated laws that have the force of law, which can include acts, statutes, by-laws, regulations, ordinances, proclamations, rules, notices, and directives.
The structure of legislation depends on the jurisdiction or country and its hierarchy of laws.

The Interpretation Act of 1957 applies to the interpretation of every law in force in the Republic of South Africa.
The Act defines "law" as any law, proclamation, ordinance, act of parliament, or other enactment having the force of law.

There are two main categories of legislation: chronological (time/history) and hierarchical (legal order/chain of command).
Chronological categories include:
- Pre-1806 (Roman Dutch/Staten-General/placaaten)
- Pre-Union legislation (1806-1910)
- Time between the Union and Democracy (1910-1994)
- Post-1994 (new constitutional order)
Hierarchical categories include:
- National and provincial legislation
- Proclamations, regulations, and instruments of subordinate legislation
- Assigned legislation
- Legislation enacted pre-1994 (before the interim Constitution)
- Legislation enacted under the new constitutional order (post-1994)
- Municipal by-laws

The differences between types of legislation matter because they can determine when a legislation commences and demises.
They also affect other parts of law, such as administrative law, human rights, and constitutional law.