Legislation Process and Adoption Quiz

Questions and Answers

What does the adoption of legislation involve?

It involves different stages, readings, and processes before a legislation is accepted and issued.

Who must sign a Bill before it becomes law at the parliamentary level?

The President must sign the Bill.

What is the purpose of promulgation in the legislative process?

Promulgation is the process that makes legislation operational and formally puts it into effect.

In what medium must legislation be published to take effect?

Legislation must be published in an official gazette. Signup and view all the answers

What happens to Acts of parliament or provincial Acts upon publication?

They take effect when published or on a date specified in those Acts. Signup and view all the answers

What are municipal by-laws required to do in order to be enforced?

Municipal by-laws must be published in the Gazette of the relevant province. Signup and view all the answers

Who signs a Bill passed by a provincial legislature?

The premier of the province must sign the Bill. Signup and view all the answers

What does the term 'legislation' refer to once it is adopted?

Legislation refers to the Act that is legally enacted but not yet operational. Signup and view all the answers

What does 'commencement' mean in a legal context?

Commencement refers to the day that a law comes into operation. Signup and view all the answers

When does the 'day' begin according to Section 13(2)?

The day begins immediately at the end of the previous day, or at midnight (00:00). Signup and view all the answers

What is the general presumption regarding the application of legislation?

The general presumption is that legislation is intended to apply to future matters only. Signup and view all the answers

Under what condition may legislation be applied retroactively?

Legislation may apply retroactively if it expressly states so or if it can be inferred from the enactment. Signup and view all the answers

What case established the presumption that legislation applies to future matters?

The presumption was established in the case of Transnet Ltd v Ngcezula 1995 3 SA 53B (A). Signup and view all the answers

What could rebuff the presumption of future applicability in legislation?

A retroactive intention may be inferred if not applying it retroactively would lead to absurd or unfair results. Signup and view all the answers

According to common law, how does an expressly retroactive Act affect previous transactions?

An expressly retroactive Act will not affect transactions that were completed during a repealed Act's existence. Signup and view all the answers

How can a court determine a retroactive intention in legislation?

A court can determine retroactive intention by assessing the wording of the enactment for necessary implications. Signup and view all the answers

What is the general rule regarding the retroactive application of procedural legislation?

New procedural rules apply to future cases, even for claims that arose before their enactment. Signup and view all the answers

What was the outcome of the case Euromarine International of Mauren v The Ship Berg regarding retroactive legislation?

The court ruled that new obligations were imposed, excluding the possibility of retroactive operation. Signup and view all the answers

How did the court in Minister of Public Works v Haffejee warn against assuming retroactivity?

The court indicated that introducing new rules of procedure does not imply retroactive effect without further analysis of existing rights. Signup and view all the answers

When does the presumption against retroactive legislation not apply?

It does not apply if the retroactive operation of the legislation benefits the individual. Signup and view all the answers

What distinction exists between procedural rules and substantive rights?

The distinction is often fine, as procedural rules generally do not affect vested rights but can sometimes overlap. Signup and view all the answers

What implications does retroactivity have for new claims or disputes born from previous facts?

Retroactive procedural rules can apply to those claims or disputes that arose prior to the new legislation. Signup and view all the answers

Can procedural and evidence rules be retroactive under certain conditions?

Yes, but they must not infringe upon existing rights or obligations to be considered retroactive. Signup and view all the answers

Why might a court be cautious about retroactive provisions?

A court must ensure that existing rights and obligations are not adversely affected before confirming retroactivity. Signup and view all the answers

What was the main finding of the court in R v Sillas regarding the amending Act?

The court found that the presumption against retrospectivity was rebutted, allowing for the amending Act's more lenient penalty to be applied retrospectively. Signup and view all the answers

In R v Mazibuko, what principle did the court uphold regarding increased penalties?

The court upheld that the presumption against retrospectivity applies when the penalty is increased by an amending Act. Signup and view all the answers

What does Section 35(3)(1) of the Constitution ensure for accused persons?

It ensures that no accused person can be convicted for acts that were not offences at the time they were committed. Signup and view all the answers

How does Section 35(3)(n) of the Constitution protect accused persons concerning punishments?

It grants the accused the right to the least severe prescribed punishment if the punishment changes after the offence was committed. Signup and view all the answers

What fundamental rights are established by the Constitution regarding retrospective offences?

The Constitution prohibits the creation of retrospective offences and the retroactive increase of punishments. Signup and view all the answers

Why might the legislature intend to minimize burdens on its subjects, as referenced in R v Sillas?

Legislatures often aim to minimize burdens to promote fairness and justice within the legal system. Signup and view all the answers

What does the 'presumption against retrospectivity' imply in legal terms?

It implies that laws should not apply retroactively to disadvantage individuals without compelling justification. Signup and view all the answers

What is the significance of the term 'other considerations' in legal judgments like R v Sillas?

The term refers to additional factors that can justify deviating from the standard presumption against retrospectivity. Signup and view all the answers

Study Notes

Adoption of Legislation

Legislation undergoes various stages and readings before being accepted by the legislative body.
Adoption processes for Acts of parliament and provincial Acts are outlined in the Constitution.
Once adopted, a Bill must be signed by the President or the provincial premier.
Although signed, the Act is not yet operational until it is promulgated.

Promulgation

Promulgation is the formal process by which legislation takes effect and becomes operational.
This involves publication in an official gazette.

Publication

Acts of parliament and provincial Acts come into effect upon publication in the Government or Provincial Gazette.
Municipal by-laws become enforceable after being published in the relevant provincial Gazette.

Commencement of Legislation

Commencement denotes the day a law becomes operational, typically the day of gazette publication.
According to section 13(2), the day begins immediately after midnight, effectively allowing retrospective commencement.

Presumption Against Retrospectivity

Legislation is generally presumed to apply to future matters unless explicitly stated otherwise.
A clear intention for retroactive application must be communicated to avoid unfair outcomes.
Case law supports the notion that procedural changes can apply retroactively without infringing on vested rights.

Impact of Retroactive Legislation

Retroactive provisions affecting procedural rules do not automatically modify existing rights but may affect enforcement.
Case examples illustrate distinctions between substantive rights and procedural adjustments.

Favorable vs. Unfavorable Retroactive Legislation

Retroactive legislation that benefits individuals may be applied, as seen in R v Sillas, which reduced a penalty.
Conversely, amendments that increase penalties apply the presumption against retrospectivity, as in R v Mazibuko.

Constitutional Protections

Section 35(3)(1) guarantees the right to a fair trial, protecting individuals from being convicted for acts that were not offenses at the time committed.
Section 35(3)(n) ensures offenders receive the least severe punishment available if laws change between the commission of the crime and sentencing.
These provisions emphasize that offenses and penalties cannot be applied retroactively, safeguarding fundamental rights within the Constitution.

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Description

Test your knowledge on the adoption, promulgation, and commencement of legislation. This quiz covers key concepts and processes involved in how Acts of parliament and provincial Acts become operational, including the role of publication in an official gazette.