South African Law: Statutory Interpretation

To read the section with regard to the meaning of the words and the contextual scene.

To ascertain the will of the legislature and state its legal effect with reference to the facts of the particular case.

To move away from a rigid and legalistic text-based approach and restore the balance between text and context.

<p>Punctuation can affect the meaning of the text.</p> Signup and view all the answers

<p>The meaning of the words must be considered in the light of the contextual scene.</p> Signup and view all the answers

<p>To ascertain the will of the legislature and state its legal effect with reference to the facts of the particular case.</p> Signup and view all the answers

<p>It can be rigid and legalistic, and may not consider the legislative context and purpose.</p> Signup and view all the answers

<p>To ascertain the will of the legislature and state its legal effect with reference to the facts of the particular case.</p> Signup and view all the answers

<p>The court held that the prevailing law prevented the use of a commission report on the Companies Act.</p> Signup and view all the answers

<p>The report was an admissible aid to interpretation of the Prescription Act.</p> Signup and view all the answers

<p>To establish the meaning (perspective) of legislation by examining the historical background and purpose of the legislation.</p> Signup and view all the answers

<p>What was the legal position before the legislation was adopted? What was the mischief not provided for by existing legislation or common law? What remedy was provided by the legislature to solve this problem? What was the true reason for the remedy?</p> Signup and view all the answers

<p>Due to the ambiguous language used in the Act, the court was obliged to examine the historical background to ascertain its purpose.</p> Signup and view all the answers

<p>An exposition (description) of the legislation at the time of its adoption or shortly thereafter.</p> Signup and view all the answers

<p>The marginal notes, punctuation, division into paragraphs, and the first application may all serve as such.</p> Signup and view all the answers

<p>It helps to determine the original meaning and intent of the legislation, and to clarify any ambiguities or uncertainties.</p> Signup and view all the answers

<p>Read together and attempt to consolidate using context.</p> Signup and view all the answers

<p>The English text.</p> Signup and view all the answers

<p>There were no constitutional guidelines.</p> Signup and view all the answers

<p>Read together; or give effect to the one that better benefits the person concerned (if irreconcilable).</p> Signup and view all the answers

<p>So that the signed text can be enrolled for record at the Appellate Division.</p> Signup and view all the answers

<p>The signed version prevails.</p> Signup and view all the answers

<p>It is part of the prescribed procedure during the passage of original legislation.</p> Signup and view all the answers

<p>Apply the common denominator.</p> Signup and view all the answers

<p>The concept of an open and democratic society based on freedom and equality</p> Signup and view all the answers

<p>It provides the matrix of deals within which we work, and the final measure for testing the legitimacy of impugned norms and conduct</p> Signup and view all the answers

<p>Focus on the synergetic relation between the values underlying the guarantees of fundamental rights and the circumstances of the particular case</p> Signup and view all the answers

<p>They are not to be used as quotes or slogans, but are meant to be applied consistently</p> Signup and view all the answers

<p>A practical humanist disposition towards the world, including compassion, tolerance, and fairness</p> Signup and view all the answers

<p>It is an important aspect of the values underlying the guarantees of fundamental rights</p> Signup and view all the answers

<p>They are complementary and interconnected, with Ubuntu being an important aspect of the values underlying the guarantees of fundamental rights</p> Signup and view all the answers

<p>They require a nuanced and contextual approach to interpretation, taking into account the circumstances of the particular case</p> Signup and view all the answers

<p>The language of the provision itself, read in context and having regard to the purpose of the provision and the background to the preparation and production of the document.</p> Signup and view all the answers

<p>What seems clear to one person may not seem clear to another.</p> Signup and view all the answers

<p>In such a way that no word or sentence is regarded as redundant.</p> Signup and view all the answers

<p>Words are to be understood according to their ordinary meaning.</p> Signup and view all the answers

<p>'Ordinary meaning' means colloquial speech.</p> Signup and view all the answers

<p>It is included in the 'ordinary meaning' of words.</p> Signup and view all the answers

<p>Overlapping language and repetition can be omitted.</p> Signup and view all the answers

<p>To ensure that no word or sentence is regarded as redundant.</p> Signup and view all the answers