Podcast
Questions and Answers
What is the primary reason for the necessity of legislative intervention in modern societies?
What is the primary reason for the necessity of legislative intervention in modern societies?
- To reduce the power of the judiciary
- To regulate new technological and scientific developments (correct)
- To enforce common law principles
- To bypass the need for interpreting statutes
In South Africa, why is a thorough understanding of legislation particularly important?
In South Africa, why is a thorough understanding of legislation particularly important?
- To minimize the importance of statute law
- To maintain the apartheid system
- To dismantle the apartheid legal framework (correct)
- To prevent legislative intervention
According to Du Plessis (2002: 18), what does statutory interpretation involve?
According to Du Plessis (2002: 18), what does statutory interpretation involve?
- Ignoring other law-texts
- Dealing with practical situations only
- Constructing the correct meaning of legislative provisions (correct)
- Excluding hypothetical situations
What is the core focus of interpreting statutes?
What is the core focus of interpreting statutes?
Why does legislation play a crucial role in modern societies?
Why does legislation play a crucial role in modern societies?
What was the core driving force behind apartheid's legal system?
What was the core driving force behind apartheid's legal system?
What was the main takeaway from the Constitutional Court's decision in Soobramoney v Minister of Health, KwazuluNatal 1998?
What was the main takeaway from the Constitutional Court's decision in Soobramoney v Minister of Health, KwazuluNatal 1998?
In Carmichele v Minister of Safety and Security 2001, what duty did the Constitutional Court link to the constitutional rights to life and freedom and security of the person?
In Carmichele v Minister of Safety and Security 2001, what duty did the Constitutional Court link to the constitutional rights to life and freedom and security of the person?
According to Du Plessis (1999), how should one understand a legal text?
According to Du Plessis (1999), how should one understand a legal text?
What did the Constitutional Court clarify about the existing right to kill a person in self-defence in Makwanyane and Ex parte Minister of Safety and Security?
What did the Constitutional Court clarify about the existing right to kill a person in self-defence in Makwanyane and Ex parte Minister of Safety and Security?
How did the Constitutional Court's decision in Carmichele v Minister of Safety and Security 2001 connect constitutional rights to state duty?
How did the Constitutional Court's decision in Carmichele v Minister of Safety and Security 2001 connect constitutional rights to state duty?
'Everyone has the right to life' became complex due to:
'Everyone has the right to life' became complex due to:
What knowledge is required to interpret legislation effectively?
What knowledge is required to interpret legislation effectively?
When interpreting a provision in an Act of Parliament, what should be considered besides the provision itself?
When interpreting a provision in an Act of Parliament, what should be considered besides the provision itself?
Why is interpreting legislation not easy, quick, or mechanical?
Why is interpreting legislation not easy, quick, or mechanical?
Which external aids may be utilized to establish the meaning of legislation?
Which external aids may be utilized to establish the meaning of legislation?
In addition to regulations, what else should be read alongside a provision in an Act of Parliament for interpretation?
In addition to regulations, what else should be read alongside a provision in an Act of Parliament for interpretation?
What must an interpreter do to keep up with new developments in the law?
What must an interpreter do to keep up with new developments in the law?
What did Botha JA express regarding the language used in the Compulsory Motor Vehicle Insurance Act 56 of 1972?
What did Botha JA express regarding the language used in the Compulsory Motor Vehicle Insurance Act 56 of 1972?
What did Botha JA suggest he would do to navigate the confusion in the legislation?
What did Botha JA suggest he would do to navigate the confusion in the legislation?
According to Botha & Bekink (2007: 34), why is it challenging to use plain language drafting in legislation?
According to Botha & Bekink (2007: 34), why is it challenging to use plain language drafting in legislation?
Which Act provides a legislative acknowledgment of the link between understandable language and access to justice?
Which Act provides a legislative acknowledgment of the link between understandable language and access to justice?
What was the purpose of the Consumer Protection Act 68 of 2008 according to the text?
What was the purpose of the Consumer Protection Act 68 of 2008 according to the text?
Why are legislative drafters, legislatures, and lawyers becoming more aware of the need to draft legal documents in understandable language?
Why are legislative drafters, legislatures, and lawyers becoming more aware of the need to draft legal documents in understandable language?
What does the intention of the legislature refer to?
What does the intention of the legislature refer to?
In statutory interpretation, what is more important than the terminology used?
In statutory interpretation, what is more important than the terminology used?
During which period was statutory interpretation considered neglected in South African jurisprudence?
During which period was statutory interpretation considered neglected in South African jurisprudence?
Who formulates the draft legislation in the legislative process?
Who formulates the draft legislation in the legislative process?
Which factor was particularly criticized during the late 1970s and 1980s regarding statutory interpretation?
Which factor was particularly criticized during the late 1970s and 1980s regarding statutory interpretation?
What does the correct interpretation of legislation primarily depend on?
What does the correct interpretation of legislation primarily depend on?
