Pass and Prosper 44: Language and Interpretation

Play an AI-generated podcast conversation about this lesson

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?

Attaching the ordinary meaning to words Signup and view all the answers

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

Giving words their ordinary, literal meaning Signup and view all the answers

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

They qualify the meaning of the text 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?

To give effect to every word in the legislation Signup and view all the answers

What is the basic principle when interpreting legislation?

That there may be no addition to or subtraction from the words used in the legislation Signup and view all the answers

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

To ensure that the law is always speaking Signup and view all the answers

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

The ordinary meaning given when the text was enacted Signup and view all the answers

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

To consider the purpose of the Act and interpret it flexibly Signup and view all the answers

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

To clarify obscurities in the legislative text Signup and view all the answers

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

The contextual scene, including the language of the rest of the statute Signup and view all the answers

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

To ascertain the will of the legislature and state its legal effect Signup and view all the answers

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

The text-based approach is more rigid and legalistic, while the purposive approach is more flexible and adaptable Signup and view all the answers

What is the significance of punctuation in statutory interpretation?

It can affect the meaning of the text Signup and view all the answers

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

The grammatical usage of the words and the contextual scene are equally important Signup and view all the answers

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

It is relevant, but only within limits Signup and view all the answers

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

Punctuation must be considered during interpretation Signup and view all the answers

What is the principle stated in S v Mhlungu?

Where possible, decide cases without reaching a constitutional issue Signup and view all the answers

What is the concept described in the Pharmaceuticals case?

Single system of law derived from the Constitution Signup and view all the answers

What is the goal of competent courts in constitutional review?

To try to keep legislation constitutional if reasonably possible Signup and view all the answers

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

The Constitution is the supreme law and the common law derives its force from it Signup and view all the answers

What is the principle underlying the concept of avoiding unconstitutionality?

One should try to avoid reaching a constitutional issue Signup and view all the answers

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

To avoid an interpretation that negates part of the legislative text Signup and view all the answers

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

The acknowledgement that legislation has a functional purpose and object Signup and view all the answers

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

The national legislation generally prevails Signup and view all the answers

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

The concept of the King can do no Wrong Signup and view all the answers

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

Government bodies are presumed not to be bound by their own legislation, unless the legislation provides otherwise Signup and view all the answers

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

To resolve conflicts between national and provincial legislation Signup and view all the answers