Questions and Answers
The expression 'commencement' means the day when the law comes into ______.
operation
In terms of section 13(2), 'day' begins immediately at the end of the previous ______.
day
The presumption that legislation only applies to ______ matters is a key principle.
future
Legislation may have ______ force if expressly stated in the enactment.
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The presumption could be ______ if the intention for retroactivity is clear in the enactment.
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According to case law, legislation is presumed to apply to future matters unless stated ______.
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The common law view suggests that an Act that is expressly ______ in nature will not affect past transactions.
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Legislation may result in absurd or unfair results if it does not apply ______.
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The presumption does not apply if the retroactive legislation deals with ______.
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New rules of procedure apply to future cases, the facts of which may date from the ______.
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Generally, rules of procedure do not infringe upon ______ rights.
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In Euromarine International of Mauren v The Ship Berg, it was held that a provision not only created a new ______, but also imposed a new obligation.
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When a provision introduces new rules of procedure, it does not necessarily mean that the provision is ______.
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The court cautioned that it must first be determined whether existing rights and ______ are affected by it.
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The presumption does not apply if the retrospective legislation deals with procedure where no ______ are affected.
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If the retroactive operation of legislation will benefit the ______, the presumption also does not apply.
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The adoption of legislation refers to the different stages, readings, and processes through which the particular legislation has to pass before it is accepted and issued by the relevant ______.
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Once signed, such an Act (parliamentary or provincial) becomes ______.
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For legislation to become operational, it needs to be ______.
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Promulgation refers to the process by which the legislation commences and takes ______.
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Legislation is promulgated by publication in an official ______.
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In terms of sections 80 and 123 of the Constitution, Acts of parliament and provincial Acts take effect when ______, or on a date determined in terms of those Acts.
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Acts of parliament and provincial Acts must be published in the Government Gazette or the Provincial ______ of the relevant province.
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In terms of section 162 of the Constitution municipal by-laws may be enforced after they have been published in the ______ of the relevant province.
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In R v Sillas 1959 4 SA 305 (A), the amending Act reduced the existing ______ after the accused had committed the crime.
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The court found that the presumption against ______ had been rebutted by 'other considerations'.
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The amendment was applied ______ and the new, more lenient penalty imposed.
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If an amendment Act places the individual in a ______ position than before, the presumption will apply.
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In R v Mazibuko 1958 4 SA 353 (A), the court found that if the ______ provided for in an Act is increased, the presumption against retrospectivity applies.
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Section 35(3)(1) of the Constitution states that every accused person has the right to a ______ trial.
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The right includes the right not to be convicted for an act that was not an ______ under national or international law.
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These parts of the presumption prohibiting retrospective offences are now entrenched as fundamental ______ in the Constitution.
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Study Notes
Commencement of Legislation: Adoption and Promulgation
- Adoption Process: Involves multiple stages, readings, and formal procedures for a Bill to be accepted by the legislative body.
- Signing of Bills: After parliamentary adoption, Bills require the President's signature. Provincial Bills need the premier's signature to become law.
- Operational Status: Legislation becomes legally enacted after signing but is not yet operational.
Promulgation
- Definition: The formal process that activates legislation, making it public and effective.
- Method of Promulgation: Legislation is published in an official gazette to commence operations.
Publication
- Effective Date: Acts take effect upon publication or on a specified date as stated in the Act, according to sections 80 and 123 of the Constitution.
- Gazette Requirement: All parliamentary and provincial Acts must be published in the Government or Provincial Gazettes.
Commencement
- Commencement Definition: Refers to the day a law becomes operational, typically the day of its first publication in the gazette.
- Timing: Commencement occurs immediately after midnight following the publication, allowing for retrospective effect for a few hours prior.
Presumption on Future Matters
- Legislative Intent: Laws are generally presumed to affect future matters unless explicitly stated otherwise.
- Retrospective Legislation: Requires clear intent; otherwise, it is assumed to apply only going forward to prevent unfair outcomes.
Procedural Legislation
- Application to Future Cases: Retroactive laws concerning procedure can apply to past events but do not violate vested rights.
- Distinction: The line between procedural and substantive rights can be thin; retroactive procedural rules may not affect existing vested rights.
Case Law Examples
- Euromarine International Case: Established that if a provision creates new obligations, it is substantive and not retroactive.
- Minister of Public Works Case: Highlighted the need to assess whether new procedural rules affect existing rights; not automatically retroactive.
Favorable vs. Unfavorable Legislation
- Beneficial Retroactivity: Presumption does not apply if retroactive legislation benefits individuals (e.g., reduced penalties).
- Detrimental Retroactivity: Applies if new laws worsen individual positions, necessitating adherence to the presumption against retrospective application.
Constitutional Influence
- Fair Trial Rights: Section 35(3)(1) prohibits convicting individuals for actions that were not offenses when committed.
- Penalty Rights: Section 35(3)(n) ensures the least severe punishment applies if laws change post-offense. This embeds the principle against retroactive penalties into constitutional rights.
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Description
This quiz covers the adoption and promulgation of legislation as described in Chapter 3. Test your understanding of the different stages and processes involved before legislation is accepted by the legislative body. Ideal for students studying law or legislative procedures.
