Pass and Prosper 44: Language and Interpretation
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Questions and Answers

What is the primary approach in interpreting the language of legislation?

  • Giving technical meaning to technical words
  • Prioritizing the purpose of the legislation
  • Attaching the ordinary meaning to words (correct)
  • Considering the context of the legislation

What happens when the purpose of the legislation is considered in the interpretation process?

  • It qualifies the meaning of the text (correct)
  • It is the sole determinant of the interpretation
  • It is only considered in specific circumstances
  • It is ignored in favor of technical meanings

What is the significance of the legislation as a whole in the interpretation process?

  • It is considered later in the process
  • It has no impact on the interpretation
  • It is only relevant for technical words
  • It plays an important role in the interpretation process (correct)

What is the starting point of the interpretation process?

<p>Attaching the ordinary meaning to words (A)</p> Signup and view all the answers

What is the most important rule of interpretation according to Volschenk v Volschenk?

<p>Giving words their ordinary, literal meaning (D)</p> Signup and view all the answers

What is the role of fundamental rights in the Constitution in the interpretation process?

<p>They qualify the meaning of the text (B)</p> Signup and view all the answers

What is the primary function of the court according to the principle stated in Keyter v Minister of Agriculture?

<p>To give effect to every word in the legislation (D)</p> Signup and view all the answers

What is the basic principle when interpreting legislation?

<p>That there may be no addition to or subtraction from the words used in the legislation (C)</p> Signup and view all the answers

What is the purpose of considering the time-frame of legislation?

<p>To ensure that the law is always speaking (B)</p> Signup and view all the answers

According to Finbro Furnishers (Pty) Ltd v Registrar of Deeds, what should be given effect to initially?

<p>The ordinary meaning given when the text was enacted (A)</p> Signup and view all the answers

What was the approach of the courts in Golden China TV Game Centre v Nintendo Co Ltd?

<p>To consider the purpose of the Act and interpret it flexibly (A)</p> Signup and view all the answers

What is the role of the other official language in statutory bilingualism?

<p>To clarify obscurities in the legislative text (C)</p> Signup and view all the answers

What is the primary consideration of the court when interpreting a section of the Act?

<p>The contextual scene, including the language of the rest of the statute (C)</p> Signup and view all the answers

What is the ultimate goal of the court when interpreting a statute?

<p>To ascertain the will of the legislature and state its legal effect (B)</p> Signup and view all the answers

What is the main difference between the text-based approach and the purposive approach to statutory interpretation?

<p>The text-based approach is more rigid and legalistic, while the purposive approach is more flexible and adaptable (D)</p> Signup and view all the answers

What is the significance of punctuation in statutory interpretation?

<p>It can affect the meaning of the text (D)</p> Signup and view all the answers

What is the relationship between the grammatical usage of the words and the contextual scene in statutory interpretation?

<p>The grammatical usage of the words and the contextual scene are equally important (B)</p> Signup and view all the answers

What is the significance of the background and purpose of the statute in statutory interpretation?

<p>It is relevant, but only within limits (B)</p> Signup and view all the answers

What was the ruling in Skipper International v SA Textile and Allied Workers' Union?

<p>Punctuation must be considered during interpretation (A)</p> Signup and view all the answers

What is the principle stated in S v Mhlungu?

<p>Where possible, decide cases without reaching a constitutional issue (B)</p> Signup and view all the answers

What is the concept described in the Pharmaceuticals case?

<p>Single system of law derived from the Constitution (A)</p> Signup and view all the answers

What is the goal of competent courts in constitutional review?

<p>To try to keep legislation constitutional if reasonably possible (C)</p> Signup and view all the answers

What is the relationship between the Constitution and the common law?

<p>The Constitution is the supreme law and the common law derives its force from it (B)</p> Signup and view all the answers

What is the principle underlying the concept of avoiding unconstitutionality?

<p>One should try to avoid reaching a constitutional issue (B)</p> Signup and view all the answers

What is the primary purpose of the court's interpretation of legislative text?

<p>To avoid an interpretation that negates part of the legislative text (D)</p> Signup and view all the answers

What is the foundation of the presumption that legislation does not contain invalid or purposeless provisions?

<p>The acknowledgement that legislation has a functional purpose and object (C)</p> Signup and view all the answers

What happens when there is a conflict between national and provincial legislation?

<p>The national legislation generally prevails (A)</p> Signup and view all the answers

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

<p>The concept of the King can do no Wrong (C)</p> Signup and view all the answers

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

<p>Government bodies are presumed not to be bound by their own legislation, unless the legislation provides otherwise (A)</p> Signup and view all the answers

What is the purpose of Sections 146-150 of the Constitution?

<p>To resolve conflicts between national and provincial legislation (D)</p> Signup and view all the answers

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