Legislative Intention vs Purpose

Intention of the Legislature

• Intention indicates a subjective state of mind, which is difficult to determine in a legislative body due to various factors such as:
  • Large number of persons involved in the legislative process
  • Opposition from some members
  • Support from others due to party unity
  • Limited understanding of complex legislation
  • Bills drafted by non-parliamentarians
  • Absence of members during voting

Distinction between Intention and Purpose

• The court in Public Carriers Association v Toll Road Concessionaries (Pty) Ltd distinguished between the intention of the legislature and the purpose of the legislation
• Purpose of the legislation can be determined logically, while intention is a matter of speculation
• Purpose should be determined by objective means, not by guesswork

Purpose of Legislation

• If the purpose of the legislation is clear, the court should ensure a just and meaningful conclusion
• Balance between text and context is essential
• Context must be taken into account, even if the language is clear

Other Basic Principles

• Legislation must be read as a whole and in context
• Presumption that legislation does not contain futile or nugatory provisions
• Court must determine the purpose of legislation and give effect to it
• Aim of the provision should be promoted, even if the language is vague or obscure

Interpretation of Legislation

• The most important rule of statutory interpretation is that the interpretation must reflect the purpose of the legislation
• Application of old legislation must be directed by its function in today's constitutional democracy and human rights culture
• Purpose of the legislation is more important than the original intention of the legislators

Meaning of the Text

• Literal approach no longer applies, but text is still read for its meaning
• Purpose of the legislation viewed against the fundamental rights in the Constitution qualifies the meaning of the text
• Ordinary meaning principle is only the starting point of the process, and context must be taken into account from the outset

This quiz explores the challenges in determining the intention of the legislature and how it differs from the purpose of a legislation. It covers the various factors that make it difficult to determine legislative intent.