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Questions and Answers
The court in Sigacu v Sigacu held that 'ordinary meaning' includes the literal grammatical meaning.
The court in Sigacu v Sigacu held that 'ordinary meaning' includes the literal grammatical meaning.
True (A)
The Association of Amusement & Novelty Machine Operators v Minister of Justice case defined 'ordinary meaning' as formal speech.
The Association of Amusement & Novelty Machine Operators v Minister of Justice case defined 'ordinary meaning' as formal speech.
False (B)
The Natal Joint Municipal Pension Fund v Endumeni Municipality case emphasized the importance of considering the purpose of the provision when interpreting language.
The Natal Joint Municipal Pension Fund v Endumeni Municipality case emphasized the importance of considering the purpose of the provision when interpreting language.
True (A)
The Pass and Prosper 45 case suggested that the ordinary meaning of a word should always be elevated to a fundamental principle of interpretation.
The Pass and Prosper 45 case suggested that the ordinary meaning of a word should always be elevated to a fundamental principle of interpretation.
Legislation should be interpreted in such a way that some words or sentences can be regarded as redundant.
Legislation should be interpreted in such a way that some words or sentences can be regarded as redundant.
The principle that a meaning must be assigned to every word derives from the rule that words are to be understood according to their literal meaning.
The principle that a meaning must be assigned to every word derives from the rule that words are to be understood according to their literal meaning.
Punctuation is not considered during interpretation.
Punctuation is not considered during interpretation.
The Constitution is ignored in cases where a constitutional issue is not reached.
The Constitution is ignored in cases where a constitutional issue is not reached.
There are two systems of law, each dealing with the same subject-matter.
There are two systems of law, each dealing with the same subject-matter.
Courts may try to employ corrective techniques to keep legislation constitutional.
Courts may try to employ corrective techniques to keep legislation constitutional.
The subsidiarity principle states that issues must be solved by reaching a constitutional issue.
The subsidiarity principle states that issues must be solved by reaching a constitutional issue.
The common law is not subject to constitutional control.
The common law is not subject to constitutional control.
The role of constitutional values is to provide a patina of virtue to otherwise bald, neutral and discrete legal propositions.
The role of constitutional values is to provide a patina of virtue to otherwise bald, neutral and discrete legal propositions.
Lawyers were schooled in the idea that judges know best and have spoken.
Lawyers were schooled in the idea that judges know best and have spoken.
The value-based dimension only involves paying lip service to values.
The value-based dimension only involves paying lip service to values.
The interpretation clause is only an interpretive directive.
The interpretation clause is only an interpretive directive.
The use of values has been easy and straightforward post 1994.
The use of values has been easy and straightforward post 1994.
The Hlomisa v Argus Newspapers Ltd case involved a narrow interpretation of the constitution.
The Hlomisa v Argus Newspapers Ltd case involved a narrow interpretation of the constitution.
Adjudicative subsidiary prioritizes a strictly constitutional mode of adjudication over an aconstitutional mode.
Adjudicative subsidiary prioritizes a strictly constitutional mode of adjudication over an aconstitutional mode.
The highest authority of the Constitution should be used to decide all legal questions.
The highest authority of the Constitution should be used to decide all legal questions.
The legislature intends legislation to be futile or nugatory.
The legislature intends legislation to be futile or nugatory.
Statutory interpretation is a literal activity.
Statutory interpretation is a literal activity.
The principle of subsidiarity is 'person centric'.
The principle of subsidiarity is 'person centric'.
The purpose of legislation should not be considered in statutory interpretation.
The purpose of legislation should not be considered in statutory interpretation.
The concept of ubuntu is explicitly mentioned in the South African Constitution of 1996.
The concept of ubuntu is explicitly mentioned in the South African Constitution of 1996.
Ubuntu is a concept that emphasizes confrontation over conciliation.
Ubuntu is a concept that emphasizes confrontation over conciliation.
The S v Makwanyane case did not apply the concept of ubuntu.
The S v Makwanyane case did not apply the concept of ubuntu.
The concept of ubuntu translates to 'humanity' and 'morality'.
The concept of ubuntu translates to 'humanity' and 'morality'.
The concept of ubuntu only focuses on individualism.
The concept of ubuntu only focuses on individualism.
The concept of ubuntu is a Western tradition.
The concept of ubuntu is a Western tradition.
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Study Notes
Principles of Statutory Interpretation
- The 'ordinary meaning' of a word includes its ordinary grammatical meaning and colloquial speech.
- The language aspect of a provision is the departure point for interpretation, considering the context, purpose, and background of the document.
Importance of Every Word
- Legislation should be interpreted in a way that no word or sentence is regarded as redundant.
- Overlapping language and repetition can be omitted, but every word must be assigned a meaning.
Punctuation
- Punctuation must be considered during interpretation, as it was considered by the legislature.
Conflicting Legislation and Subsidiarity Principle
- Where possible, issues should be solved without reaching a constitutional issue.
- The principle of subsidiarity involves preferring an aconstitutional or indirectly constitutional mode of adjudication over a strictly constitutional one.
Avoiding Unconstitutionality
- Courts may employ corrective techniques to keep legislation constitutional.
- The role of constitutional values is to shape the law and ensure it is subject to constitutional control.
Text and Values
- Text and values work together to provide constitutional protections.
- Values are not just paid lip service; they must be made real through the making, interpretation, and application of the law.
Ubuntu and Human Dignity
- Ubuntu translates to 'humaneness' or 'personhood and morality', emphasizing respect for human dignity.
- Although not mentioned in the 1996 Constitution, ubuntu is referred to in the post-amble of the 1993 text and is part of South African Constitutional Jurisprudence.
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