Interpreting Legal Provisions: Section 1 of Orange Free State Civil Protection Ordinance 10 of 1977

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Questions and Answers

Which term refers to statutory compilations of legal principles for a specific branch of law?

Case law

Indigenous law

Codifications (correct)

Common law

In the precedent system, what does 'stare decisis' mean?

Changes in modern society

Original legislation

Judgments of higher courts bind lower courts (correct)

Unwritten customary law

What is the term for the traditional law of indigenous black people in South Africa?

Statute law

Case law

Common law

Indigenous law (correct)

Which legal system includes judgments of various courts in specific cases as part of its foundation?

Common law Signup and view all the answers

What plays an ever-increasing role in common-law legal systems according to the text?

Legislation (statute law) Signup and view all the answers

How can the common law be changed according to the text?

By original legislation Signup and view all the answers

How does the Orange Free State Civil Protection Ordinance 10 of 1977 define a 'disaster'?

A disaster or a state which is not a state of emergency or a state of disaster. Signup and view all the answers

Based on section 1(4) of the Labour Relations Act 28 of 1956, what can be inferred about unfair labour practices?

They may or may not include practices defined as unfair under the Act. Signup and view all the answers

Who has the authority to declare a situation as a 'disaster' according to the Orange Free State Civil Protection Ordinance 10 of 1977?

The Administrator or the local authority concerned. Signup and view all the answers

What does section 1(4) of the Labour Relations Act 28 of 1956 specify about strikes and lock-outs?

They are not considered as unfair labor practices. Signup and view all the answers

According to the Orange Free State Civil Protection Ordinance, when will a state be considered a 'disaster'?

When it is not a state of emergency or a state of disaster. Signup and view all the answers

What does the Labour Relations Act 28 of 1956 imply about the interpretation of unfair labor practices?

Interpretation can vary based on different legal amendments. Signup and view all the answers

What makes it difficult for all members of a legislative body to exercise collective intention?

Varied reasons for opposing legislation Signup and view all the answers

Why might some members of the legislature support legislation even if they are personally opposed to it?

Pressure from party caucus Signup and view all the answers

Who typically drafts a Bill introduced in the legislature?

Legislative drafters and law advisers Signup and view all the answers

Why is the intention of the legislature subject to individual members' intentions?

Pressure from party caucus Signup and view all the answers

What role do parliamentarians play in adopting legislation?

Acting as elected politicians Signup and view all the answers

Why might some members of the legislative body be absent during voting on draft legislation?

Supporting party unity Signup and view all the answers

What is the main focus of interpreting statutes according to the text?

The purpose of the legislation Signup and view all the answers

Which term is closely associated with the principle of the sovereignty of parliament?

Will of the legislature Signup and view all the answers

According to Steyn (1980), how did he define statutory interpretation?

Ascertaining the will or thoughts of the legislature from their words Signup and view all the answers

What does interpreting statutes involve according to the text?

Understanding the purpose behind legislative language Signup and view all the answers

Why is determining the purpose of legislation essential in statutory interpretation?

To respect parliamentary sovereignty Signup and view all the answers

How does understanding legislative schemes differ from identifying individual intentions?

Legislative schemes focus on purpose, individual intentions focus on implementation Signup and view all the answers

What was the Constitutional Court's decision in the case of Soobramoney v Minister of Health, KwazuluNatal?

The constitutional right to life means the state has no duty to keep all terminal patients alive. Signup and view all the answers

In the case of Carmichele v Minister of Safety and Security, what did the Constitutional Court link the constitutional rights to life and freedom and security of the person to?

The duty imposed on the state not to infringe these rights. Signup and view all the answers

According to Du Plessis (1999: 230), how should one understand a legal text?

By looking at the supreme Constitution, legislative context, and competing human rights. Signup and view all the answers

In Makwanyane and Ex parte Minister of Safety and Security, what did the Constitutional Court establish regarding the existing right to kill in self-defence?

It was reinforced by the Constitution. Signup and view all the answers

What did the phrase 'Everyone has the right to life' reveal according to the text?

An intricate and nuanced interpretation process. Signup and view all the answers

Based on the information provided, why is interpreting legislation considered intricate and nuanced?

As it involves multiple factors like the Constitution, context, and human rights. Signup and view all the answers

Study Notes

South African Common Law

Based on Roman-Dutch law, originated in 17th century Holland
Distinct from codifications (statutory compilations of legal principles)
Can be changed by original legislation, or applies when no statutory law exists

Indigenous Law

Traditional law of South Africa's indigenous black people
Can be unwritten customary law or codified (statutory compilations)

Case Law

Law as decided by courts in specific cases
Precedent system (stare decisis): higher court judgments bind lower courts and courts of equal status

Statute Law

Plays an increasing role in common-law systems
Legislation may have been viewed as exceptions to common law, but rapid societal changes have stretched adaptability of common-law rules

Constitutional Court Rulings

Makwanyane and Ex parte Minister of Safety and Security (2002): right to kill in self-defense was not abolished by the Constitution
Soobramoney v Minister of Health, KwazuluNatal (1998): constitutional right to life does not mean the state has a duty to keep all terminal patients alive
Carmichele v Minister of Safety and Security (2001): linked constitutional rights to life and freedom, and security of the person

Interpretation of Legislation

Not just about reading and spelling skills, but also considering context, competing human rights, and fundamental values
Example: Section 1 of the Orange Free State Civil Protection Ordinance 10 of 1977 defines a 'disaster' in a complex and tongue-twisting way

Purpose or Intention of Legislation

Determining what the legislation aims to accomplish in the legal order
Also referred to as the 'intention of the legislature', 'purpose of the legislation', or 'legislative scheme'
Influenced by the principle of sovereignty of parliament and the democratic legislative process

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Description

Test your understanding of legal language by interpreting the definition of 'disaster' as outlined in Section 1 of the Orange Free State Civil Protection Ordinance 10 of 1977. The provision offers a unique perspective on defining a disaster within the context of the ordinance.