South African Legislation Interpretation
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Questions and Answers

What was the goal of drafting English legislation?

  • To be as precise and as detailed as possible to ensure legal certainty (correct)
  • To ensure legal uncertainty
  • To cover a limited number of possible future cases
  • To favour the purpose-orientated or functional approach

    • What approach was favoured by the Roman-Dutch rules?

  • The textual approach
  • The purpose-orientated or functional approach (correct)
  • The intent-based approach
  • The literal approach

    • What was held in the case of De Villiers v Cape Divisional Council?

  • The textual approach should not be used
  • Legislation adopted after the British occupation should be interpreted in accordance with the English rules of statutory interpretation (correct)
  • Legislation adopted after the British occupation should be interpreted in accordance with the Roman-Dutch rules
  • The purpose-orientated or functional approach should be used

    • What was the ruling in the case of Union Government v Mack?

    <p>The intention of the legislature should be deduced from the words used in the legislation</p> Signup and view all the answers

    What was the ruling in the case of Farrar’s Estate v CIR?

    <p>The intention of the legislature should be deduced from the words used in the legislation</p> Signup and view all the answers

    What is stated in the rules of construction of Acts of Parliament?

    <p>Acts of Parliament must be construed according to the intention of the legislature expressed in the Acts themselves</p> Signup and view all the answers

    What is the primary function of the court according to the Maxim: Iudicis est ius dicere sed non dare?

    <p>To interpret law</p> Signup and view all the answers

    What does the phrase 'Iudicis est ius dicere sed non dare' mean in English?

    <p>It is the function of the court to interpret and not to make law</p> Signup and view all the answers

    According to the textual approach, what is the role of the court in interpreting legislation?

    <p>To interpret the law literally and strictly</p> Signup and view all the answers

    What does Section 39 of the Constitution state regarding the interpretation of legislation?

    <p>It makes the textual approach redundant</p> Signup and view all the answers

    What is the main emphasis in constitutional interpretation, according to the case of S v Zuma?

    <p>The importance of words</p> Signup and view all the answers

    What is the primary focus of the text-in-context approach to interpretation?

    <p>The purpose or object of the legislation</p> Signup and view all the answers

    What is the approach to interpretation warned against in the Thoroughbred Breeders' Association v Price Waterhouse case?

    <p>The plain-meaning approach</p> Signup and view all the answers

    What is the characteristic of the case of Mjuqu v Johannesburg City Council?

    <p>It is an example of a contextual approach to interpretation</p> Signup and view all the answers

    What did the Constitutional Court hold regarding the purposive approach to interpretation?

    <p>It does not give the court license to distort the ordinary meaning of words beyond that which they are reasonably capable of bearing</p> Signup and view all the answers

    What is the view of the contextual interpreters regarding the judiciary's role in statutory interpretation?

    <p>The judiciary has limited law-making discretion</p> Signup and view all the answers

    What is the prerequisite for the judiciary to modify or adapt the meaning of legislation during statutory interpretation?

    <p>The purpose and extent of the legislation are absolutely clear</p> Signup and view all the answers

    What is the approach to interpretation emphasized in the University of Cape Town v Cape Bar Council case?

    <p>The contextual approach</p> Signup and view all the answers

    What is the main concern of the Pass and Prosper Case Law?

    <p>The interaction of three different provisions in different Acts</p> Signup and view all the answers

    Which section of the South African Citizenship Act is being challenged in this case?

    <p>Section 2(1)(a) and (b)</p> Signup and view all the answers

    What is the main principle of the South African Constitution according to section 3?

    <p>There is a common South African Citizenship</p> Signup and view all the answers

    What is the purpose of the proper approach to interpretation?

    <p>To determine the meaning of the provision</p> Signup and view all the answers

    What is the consequence of the interaction of the three provisions in different Acts?

    <p>Deprivation of citizenship, which was acquired by descent</p> Signup and view all the answers

    What is the main principle of section 20 of the Constitution?

    <p>No citizen may be deprived of citizenship</p> Signup and view all the answers

    What is the role of the courts in interpreting legislation?

    <p>To consider the purpose of the legislation and adapt the text accordingly.</p> Signup and view all the answers

    What is the significance of the Constitutional Supremacy in the interpretation of legislation?

    <p>It ensures the consideration of the Bill of Rights in the interpretation process.</p> Signup and view all the answers

    What approach is favoured in the post-1994 Constitution?

    <p>Text-in-context approach</p> Signup and view all the answers

    What is the significance of Section 39 in the interpretation of legislation?

    <p>It forces the interpreter to consider the Bill of Rights.</p> Signup and view all the answers

    What is the role of presumptions and aids to interpretation in the contextual interpretation process?

    <p>They are useful tools for determining the scope and purpose of legislation.</p> Signup and view all the answers

    What is the difference between the pre-1994 and post-1994 Constitution in terms of interpretation?

    <p>The post-1994 Constitution favours a text-in-context approach.</p> Signup and view all the answers

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