Legal Interpretation Principles

Play an AI-generated podcast conversation about this lesson

What is the basic principle in interpreting legislative text?

Every paragraph must be given a meaning

Every sentence must be given a meaning

Every section must be given a meaning

Every word must be given a meaning (correct)

What is the presumption in conflicting legislation between national and provincial level?

National legislation generally prevails (correct)

Provincial legislation generally prevails

The conflicting legislation is invalid

Both legislations have equal weight

What is the section in the Constitution that deals with conflicts between national and provincial legislation?

Section 145

Section 146 (correct)

Section 147

Section 148

What is the principle known as 'The King can do no Wrong'?

Government bodies are not bound by their own legislation Signup and view all the answers

What is the general rule regarding government bodies and their own legislation?

Government bodies are presumed not to be bound by their own legislation Signup and view all the answers

What is the purpose of the principle that every word must be given a meaning?

To avoid negating part of the legislative text Signup and view all the answers

What is the implication when there is conflicting legislation between national and provincial level?

The national legislation always prevails Signup and view all the answers

What is the characteristic of the presumption that government bodies are not bound by their own legislation?

It is a common-law principle Signup and view all the answers

What is the fundamental principle of the interim Constitution?

A principle of legality Signup and view all the answers

What is the consequence if government agencies and organs of state are not bound by their own legislation?

They would be hampered in the execution of their duties and functions Signup and view all the answers

What is the significance of the Preamble of the Constitution?

It connects up, reinforces and underlies all of the text that follows. Signup and view all the answers

What is the purpose of the constitutional approach to statutory interpretation?

To ascertain the aim and purpose of the provisions Signup and view all the answers

What happens to repealed provisions of legislation?

They are used as part of the context of the remaining legislation. Signup and view all the answers

What is the 'ghost in the machine' referred to in the context of statutory interpretation?

The constitutional approach to statutory interpretation Signup and view all the answers

What is the purpose of committees in the legislative process?

To report on and discuss bills before they are presented to parliament. Signup and view all the answers

What is the significance of the values of the Constitution in the legal order?

They are implicit in the very structure and design of the new democratic order Signup and view all the answers

What is the significance of the Historical Dimension in the Preamble of the Constitution?

It connects up, reinforces and underlies all of the text that follows. Signup and view all the answers

What is the relationship between the constitutional values and the text in legal interpretation?

They need to be put together to find meaning. Signup and view all the answers

What is the relationship between the letter and the spirit of the Constitution?

They are inseparable Signup and view all the answers

What is the significance of the Sidumo v Rustenburg Platinum Mines Ltd case?

It explained the values of the Constitution Signup and view all the answers

What is the significance of the court's decision in v Mkontwana v Nelson Mandela Metropolitan Municipality?

It stressed the fact that the Constitution is committed to social transformation. Signup and view all the answers

What is the purpose of the Preamble in the context of legislation?

To connect up, reinforce and underlie all of the text that follows. Signup and view all the answers

What is the purpose of considering the values embodied in a constitution during statutory interpretation?

To ensure that the provisions are in line with the values of the Constitution Signup and view all the answers

What is the significance of the transfer rights action campaign in the context of legislation?

It was mentioned in the case of Bisset v Buffalo City Municipality. Signup and view all the answers

What is the significance of debates during the legislative process according to Eckard?

They are useful in establishing the intention of the legislature when it is not evident from the wording of the legislation Signup and view all the answers

What was the outcome of the case Bok v Allen regarding the use of preceding discussions?

The court rejected the use of preceding discussions outright Signup and view all the answers

How did the court in De Reuck v Director of Public Prosecutions, Witwatersrand Local Division approach the use of parliamentary debates?

The court referred to parliamentary debates, reports of task teams and the views of academics Signup and view all the answers

What is the significance of the case S v Tilly in the context of using reports and debates in interpretation?

The court referred to a report of the SA Law Commission and a ministerial speech in parliament Signup and view all the answers

What has been the trend in the acceptance of commission reports by the courts in earlier cases?

The courts have accepted the use of commission reports only if a clear link exists between the recommendations and the provisions Signup and view all the answers

What is the significance of the case Mathiba v Moschke in the context of using debates and discussions?

The court reflected the decision in Bok v Allen Signup and view all the answers

What is the significance of the distinction between debates during the legislative process and committee reports?

The distinction is important for interpretative purposes Signup and view all the answers

What can be inferred from the case S v Tshilo regarding the use of reports and debates in interpretation?

The court referred to a report of the SA Law Commission and a ministerial speech in parliament Signup and view all the answers

What is the relationship between international law and South African law?

International law can be used as a guideline, but only if it does not contravene the Constitution or South African common law Signup and view all the answers

Under which circumstances does an international treaty become part of South African law?

When it is enacted into law by national legislation Signup and view all the answers

What is the status of customary international law in South Africa?

It is law unless it is inconsistent with the Constitution or an Act Signup and view all the answers

What is the purpose of Section 233 of the Constitution?

To confirm the common law presumption that legislation does not violate international law Signup and view all the answers

What is the approach that courts should adopt when interpreting legislation in relation to international law?

Courts should prefer a reasonable interpretation that does not contravene international law Signup and view all the answers

What is the limitation on the use of foreign law in South African courts?

It can only be used if it does not contravene, obviously with the Constitution but also with South African common law Signup and view all the answers

What is the significance of the statement 'We can derive assistance from international law and foreign case law but we are not bound to follow it'?

It means that South African courts are not bound to follow international law, but can use it as a guideline Signup and view all the answers

What is the approach that courts should adopt when considering foreign law?

Courts should use foreign law as a guideline, but only if it does not contravene the Constitution or South African common law Signup and view all the answers