Legal and Statutory Interpretation

• Legal Interpretation is understanding all legal texts, while Statutory Interpretation focuses on deciphering legislation.
• Key legal definitions include:
• Act: A law passed by Parliament.
• Statute: Synonymous with act.
• Legislation: Laws created by governing bodies.
• Legislature: The law-making body.
• Legislation: The laws produced by these bodies.

Sources of Law

• Primary sources of law include the Constitution, legislation, common and customary law, case law, custom, and public international law.
• Secondary sources of law include foreign legal principles, academic writings, and law reform commission reports.
• Section 2 of the Constitution states it is the supreme law; any inconsistent law is invalid.
• Common law is derived from Roman-Dutch law and judicial precedent.
• Customary law is indigenous African law recognized under the Constitution.
• Courts interpret statutes, creating binding precedents.

Statute Law

• Statutes consist of provisions, which are individual sections or clauses.
• Enactment refers to a law with legal force.
• Original legislation is created directly by legislatures, while delegated legislation is made by bodies authorized by original legislation.
• The hierarchy of legislation is as follows:
• Constitution
• Original Legislation
• Delegated Legislation

Interpretation of Statutes

• Interpretation of statutes aims to determine the true meaning of legislative provisions and apply them.
• Core principles include holistic reading, constitutional alignment, avoiding literalism, and using external aids.
• Statutes must be read as a whole to avoid fragmented interpretations.
• All laws must promote the spirit and purport of the Bill of Rights (Section 39 of the Constitution).
• Courts consider context, purpose, and constitutional values instead of interpreting words in isolation.
• Dictionaries, commission reports, and historical context are examples of external aids that clarify ambiguous wording.
• Challenges in interpretation include poor drafting, interpreter bias, and dynamic context.
• Interpretation methods include textual, purposive, and contextual approaches.
• The purposive approach seeks the law’s underlying purpose and is mandated by the Constitution.

Classification of Legislation

• Legislation can be classified by history, government level, and hierarchy.
• Historical classifications include pre-1806, pre-Union (1806–1910), Union to 1994, and post-1994 legislation.
• Government level classifications include national (Acts of Parliament), provincial (laws on provincial competencies), and local (municipal by-laws).
• Hierarchy classifications include supreme (Constitution), original (acts passed by legislatures), and delegated (subordinate laws).

Constitutional Influence on Interpretation

• Key constitutional clauses include Section 1 (founding values), Section 2 (supremacy of the Constitution), and Section 39 (promoting the Bill of Rights).
• Courts must invalidate laws conflicting with the Constitution.
• Interpretation is transformative, advancing social justice.

Significance of Statute Law

• Advantages of statute law include clarity and democratic legitimacy.
• Disadvantages include rigidity and complexity.
• Written laws provide predictability, and laws reflect the will of elected representatives.
• Over-legislation can suppress legal evolution, and conflicting statutes create enforcement challenges.

Case Study: S v Makwanyane (1995)

• The issue was whether the death penalty violated the constitutional "right to life."
• The Court rejected a literal reading and used a purposive approach, aligning with constitutional values of dignity and equality.
• The outcome was the abolition of the death penalty.