Sources of Law and Legal Interpretation

Key Definitions

• Legal interpretation is the broad understanding of all legal texts, including common law, customary law, and legislation.
• Statutory interpretation is a subset, focusing on deciphering the meaning of legislation.
• An Act is a law formally passed by Parliament, while a Statute is synonymous with "act".
• Legislation is the term for laws created by governing bodies.
• A Legislature is the law-making body (e.g., Parliament), while Legislation is the laws produced.

Sources of Law

• Primary sources of law have binding authority.
• The Constitution is the supreme law, and any inconsistent law is invalid.
• Legislation includes national acts, provincial acts, and municipal by-laws.
• Common law is derived from Roman-Dutch law and judicial precedent.
• Customary law is indigenous African law recognized under the Constitution.
• Case law involves courts interpreting statutes, creating binding precedents.
• Custom and public international law, include customary practices and ratified international treaties.
• Secondary sources of law have persuasive authority.
• Foreign legal principles, academic writings, and law reform commission reports are secondary sources.

Statute Law

• Statutes consist of provisions, which are individual sections or clauses.
• Enactment refers to a law with legal force.
• The Constitution is supreme and unchallengeable
• Original Legislation is created directly by legislatures.
• Delegated legislation is made by bodies authorized by original legislation.
• Health Regulations under the National Health Act is an example delegated legislation.

Interpretation of Statutes

• The purpose is to determine the true meaning of legislative provisions and apply them to real-world situations.
• Statutes must be read holistically to avoid fragmented interpretations.
• All laws must promote the spirit of the Bill of Rights.
• S v Makwanyane (1995) ruled the death penalty unconstitutional, interpreting the "right to life".
• Words should not be interpreted in isolation; consider context, purpose, and constitutional values.
• Dictionaries, commission reports, and historical context clarify ambiguous wording.
• Poor drafting, interpreter bias, and dynamic context are challenges in interpretation.
• The textual approach focuses on the ordinary meaning of words.
• The purposive approach seeks the law’s underlying purpose.
• The contextual approach considers the legislative scheme and related laws.

Classification of Legislation

• Pre-1806 legislation includes Dutch colonial laws and is now part of common law.
• Pre-Union legislation (1806–1910) includes laws from British colonies and Boer republics, and requires formal repeal or amendment.
• Union to 1994 legislation forms the bulk of current laws, including apartheid-era laws amended post-1994.
• Post-1994 legislation includes democratic-era laws aligned with constitutional values.
• National legislation includes Acts of Parliament.
• Provincial legislation includes laws on provincial competencies.
• Local legislation includes municipal by-laws.
• The Constitution is supreme.
• Original legislation includes Acts passed by legislatures.
• Delegated legislation includes subordinate laws (e.g., ministerial regulations).

Constitutional Influence on Interpretation

• Section 1 includes founding values (human dignity, equality).
• Section 2 establishes the supremacy of the Constitution.
• Section 39 requires courts to promote the Bill of Rights during interpretation.
• Courts must invalidate laws conflicting with the Constitution.
• Interpretation is transformative, advancing social justice.

Significance of Statute Law

• Written laws provide predictability.
• Laws reflect the will of elected representatives.
• Over-legislation can suppress legal evolution.
• Conflicting statutes create enforcement challenges.

Case Study: S v Makwanyane (1995)

• The issue was whether the death penalty violated the constitutional "right to life".
• The Court rejected a literal reading and used a purposive approach.
• The outcome was the abolition of the death penalty.

Conclusion

• Statutory interpretation in South Africa is a dynamic and value-driven process anchored in the Constitution.
• Courts balance textual analysis with constitutional imperatives to ensure justice and equity.
• The hierarchy of laws safeguards constitutional supremacy.