30 Questions
What is the focus of the textual approach to interpretation?
The grammatical meaning of the words
What is the meaning of the Latin maxim 'Iudicis est ius dicere sed non dare'?
It is the function of the court to interpret law
What does Section 39 of the Constitution do to the traditional approach?
It makes the traditional approach redundant
What is the focus of the text-in-context approach to interpretation?
The purpose of the legislation
What does the Constitutional Court hold in South African Police Service v Public Servants Association?
A purposive approach does not give license to distort the ordinary meaning of words beyond that which they are reasonably capable of bearing
What is the approach that establishes a balance between the grammatical, literal meaning and the overall contextual meaning?
The text-in-context approach
What is the main principle of the objective intention?
Determining the intention objectively
What is the basis of contextual interpretation?
The Mischief Rule
According to the Mischief Rule, what is considered when interpreting a statute?
The common law prior to the enactment of the legislation, defects in the law, and new remedies provided by the legislature
What did the Constitutional Court emphasize in the Saidi v Minister of Home Affairs case?
The context in which words are used sheds light on their meaning
What is the approach taken by the interpreter in the Jaga v Dönges case?
Taking into consideration the wider context of the provision from the outset
What is the final step in the interpretation process according to the Jaga v Dönges case?
Applying the meaning of the text and context
What was the goal of English legislation drafting?
To be as precise and detailed as possible
What approach was adopted in South Africa after the British occupation?
The English rules of statutory interpretation
What was held in the Union Government v Mack case?
The intention of the legislature should be deduced from the words used
What was agreed upon in Farrar's Estate v CIR and Dadoo Ltd v Krugersdorp Municipal Council?
The Mack case was correctly decided
What was held in R v Kirk?
The ordinary, grammatical meaning of the text is decisive
What is stated in the rules of construction of Acts of Parliament?
The text should be construed according to the intention of the legislature
What is the primary focus of the case law discussed in the text?
The interaction of three different provisions in different Acts
What is the main issue with Sections 2(1)(a) and (b) of the South African Citizenship Act?
They contradict the Constitution
What is the significance of Section 3 of the pre-amendment South African Citizenship Act?
It deals with citizenship acquired by birth
What is the purpose of the purposive interpretation approach?
To ensure compliance with the Constitution
What is the two-group classification of citizenship in the case?
Citizenship acquired by birth in terms of 1995 Citizenship Act and those born to South African parents outside the Republic
What is the constitutional principle mentioned in the text?
No citizen may be deprived of citizenship
What is the judiciary's law-making function considered to be?
A logical extension of the powers of the court during interpretation
What is the purpose of the presumptions and aids to interpretation in the contextual interpretation approach?
To harmonise the text with the purpose of the legislation
What is the result of the text-in-context approach?
The initial meaning of the text is modified to harmonise with the purpose of the legislation
What is the effect of the Interpretation Clause on the interpretation process?
It forces the interpreter to consider the Bill of Rights
What is the role of the courts in the post-1994 Constitution?
Flexible and involves consideration of extra textual factors
What is the purpose of Sections 1, 2, 7, 8, 36, and 39 in the Constitution?
To remove the textual approach to interpretation
Test your knowledge of South African legislation interpretation, including the textual approach and the shift from Roman-Dutch rules. Learn about the English rules of statutory interpretation and its application.
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