40 Questions
What do basic language principles dictate in the interpretation of legislation?
The ordinary meaning should be given to the words of legislation
What is the primary role of the legislation as a whole in the interpretation process?
To play an important role in the interpretation process
What is the significance of the purpose of the legislation in the interpretation process?
It qualifies the meaning of the text
What is the relationship between the ordinary meaning of words and technical words in legislation?
Every word must be given a meaning, with ordinary words having an ordinary meaning and technical words having a technical meaning
What is the significance of the Volschenk v Volschenk case in the interpretation of legislation?
It highlighted the significance of giving words their ordinary, literal meaning
What is the starting point of the interpretation process?
The ordinary meaning of the words of legislation
What is the role of the Constitution in the interpretation of legislation?
It provides the fundamental rights that qualify the meaning of the text
What is the significance of the S v Mack case in the interpretation of legislation?
It highlighted the importance of attaching the ordinary meaning to words
What is the 'inevitable point of departure' in interpreting the language of a provision?
The language of the provision itself, read in context
According to the Pass and Prosper 45 case, what is the danger of elevating the ordinary meaning of a word?
It can elevate the ordinary meaning to a fundamental principle of interpretation
What is the principle behind interpreting legislation so that no word or sentence is regarded as redundant?
A meaning must be assigned to every word
In the Association of Amusement & Novelty Machine Operators v Minister of Justice case, what did the court hold about 'ordinary meaning'?
It means colloquial speech
What should be considered when interpreting the language of a provision, according to the Natal Joint Municipal Pension Fund v Endumeni Municipality case?
The language of the provision itself, read in context and having regard to the purpose of the provision and the background to the preparation and production of the document
What is the rationale behind not omitting overlapping language and repetition in legislation?
To assign a meaning to every word
In the Sigacu v Sigacu case, what did the court argue 'ordinary meaning' includes?
The ordinary grammatical meaning
What is the significance of every word in legislation, according to the principle of interpretation?
Every word is important
What is the basic principle that guides the court's interpretation of legislative text?
Every word in the legislative text must be given a meaning
What is the purpose of the presumption that legislation does not contain invalid provisions?
To acknowledge that legislation has a functional purpose and object
What happens in cases of conflicting legislation between national and provincial governments?
The national legislation generally prevails, but not always
What is the significance of Sections 146-150 of the Constitution?
They resolve conflicts between national and provincial legislation
What is the principle that states that government bodies are not bound by their own legislation?
The King can do no Wrong
What is the general rule regarding government bodies and their own legislation?
Government bodies are presumed not to be bound by their own legislation
What is the purpose of the court's interpretation of legislative text?
To ensure that every word is given a meaning
What is the consequence of an interpretation that negates part of the legislative text?
The court must avoid such an interpretation
What is the relationship between South African law and international law?
South African law can derive assistance from international law, but is not bound to follow it
In what circumstances can foreign law be used in South African courts?
When it does not contravene the Constitution or South African common law
What is the requirement for an international treaty to become South African law?
It must be enacted into law by national legislation
What is the status of customary international law in South Africa?
It is law unless it is inconsistent with the Constitution or an Act
What is the constitutional principle confirmed by Section 233?
The common law presumptions that legislation does not violate international law
Why might a foreign law not be followed in a South African court?
Because it is not in line with the South African Constitution
What is the approach that courts should take when interpreting legislation?
A reasonable interpretation that does not contravene international law
What is the role of international human rights and foreign law in the South African context?
They must be applied with due regard for the South African context
What is the term for an explanation of legislation given by a person involved in its adoption?
Contemporanea Expositio
What is the term for the established use or custom that originates after the adoption of legislation?
Subsecuta Observatio
What is the process by which the court examines international law and foreign court decisions?
Comparative Dimension
What is the main consideration when interpreting the South African Constitution?
Due regard to our legal system, history, and circumstances
What is the main factor that can influence the interpretation of legislation?
The long-term use of a measure
Who typically issues Explanatory Memoranda?
Both A and B
What is the purpose of examining international law and foreign court decisions?
To guide court decisions
What is the significance of Subsecuta Observatio in interpreting legislation?
It may conflict with Contemporanea Expositio
Test your understanding of the 5 dimensions methodology in legislation interpretation, including the ordinary meaning of words and considering context. Learn how to apply the 4 rules and more!
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