South African Legislation Interpretation

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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?

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

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

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

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

Acts of Parliament must be construed according to the intention of the legislature expressed in the Acts themselves 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?

To interpret law Signup and view all the answers

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

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

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

To interpret the law literally and strictly Signup and view all the answers

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

It makes the textual approach redundant Signup and view all the answers

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

The importance of words Signup and view all the answers

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

The purpose or object of the legislation Signup and view all the answers

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

The plain-meaning approach Signup and view all the answers

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

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

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

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

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

The judiciary has limited law-making discretion Signup and view all the answers

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

The purpose and extent of the legislation are absolutely clear Signup and view all the answers

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

The contextual approach Signup and view all the answers

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

The interaction of three different provisions in different Acts Signup and view all the answers

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

Section 2(1)(a) and (b) Signup and view all the answers

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

There is a common South African Citizenship Signup and view all the answers

What is the purpose of the proper approach to interpretation?

To determine the meaning of the provision Signup and view all the answers

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

Deprivation of citizenship, which was acquired by descent Signup and view all the answers

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

No citizen may be deprived of citizenship Signup and view all the answers

What is the role of the courts in interpreting legislation?

To consider the purpose of the legislation and adapt the text accordingly. Signup and view all the answers

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

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

What approach is favoured in the post-1994 Constitution?

Text-in-context approach Signup and view all the answers

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

It forces the interpreter to consider the Bill of Rights. Signup and view all the answers

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

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

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

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

South African Legislation Interpretation

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Questions and Answers

What was the goal of drafting English legislation?

What approach was favoured by the Roman-Dutch rules?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What is the purpose of the proper approach to interpretation?

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

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

What is the role of the courts in interpreting legislation?

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

What approach is favoured in the post-1994 Constitution?

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

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

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

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