South African Legislation Interpretation
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Questions and Answers

What is the focus of the textual approach to interpretation?

  • The purpose of the legislation
  • The context in which the legislation was created
  • The grammatical meaning of the words (correct)
  • The intention of the legislature

    • 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 (correct)
  • It is the function of the legislature to make law
  • It is the function of the executive to enforce law
  • It is the function of the court to make law

    • What does Section 39 of the Constitution do to the traditional approach?

  • It modifies the traditional approach
  • It reinforces the traditional approach
  • It makes the traditional approach redundant (correct)
  • It replaces the traditional approach

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

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

    What does the Constitutional Court hold in South African Police Service v Public Servants Association?

    <p>A purposive approach does not give 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 approach that establishes a balance between the grammatical, literal meaning and the overall contextual meaning?

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

    What is the main principle of the objective intention?

    <p>Determining the intention objectively</p> Signup and view all the answers

    What is the basis of contextual interpretation?

    <p>The Mischief Rule</p> Signup and view all the answers

    According to the Mischief Rule, what is considered when interpreting a statute?

    <p>The common law prior to the enactment of the legislation, defects in the law, and new remedies provided by the legislature</p> Signup and view all the answers

    What did the Constitutional Court emphasize in the Saidi v Minister of Home Affairs case?

    <p>The context in which words are used sheds light on their meaning</p> Signup and view all the answers

    What is the approach taken by the interpreter in the Jaga v Dönges case?

    <p>Taking into consideration the wider context of the provision from the outset</p> Signup and view all the answers

    What is the final step in the interpretation process according to the Jaga v Dönges case?

    <p>Applying the meaning of the text and context</p> Signup and view all the answers

    What was the goal of English legislation drafting?

    <p>To be as precise and detailed as possible</p> Signup and view all the answers

    What approach was adopted in South Africa after the British occupation?

    <p>The English rules of statutory interpretation</p> Signup and view all the answers

    What was held in the Union Government v Mack case?

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

    What was agreed upon in Farrar's Estate v CIR and Dadoo Ltd v Krugersdorp Municipal Council?

    <p>The Mack case was correctly decided</p> Signup and view all the answers

    What was held in R v Kirk?

    <p>The ordinary, grammatical meaning of the text is decisive</p> Signup and view all the answers

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

    <p>The text should be construed according to the intention of the legislature</p> Signup and view all the answers

    What is the primary focus of the case law discussed in the text?

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

    What is the main issue with Sections 2(1)(a) and (b) of the South African Citizenship Act?

    <p>They contradict the Constitution</p> Signup and view all the answers

    What is the significance of Section 3 of the pre-amendment South African Citizenship Act?

    <p>It deals with citizenship acquired by birth</p> Signup and view all the answers

    What is the purpose of the purposive interpretation approach?

    <p>To ensure compliance with the Constitution</p> Signup and view all the answers

    What is the two-group classification of citizenship in the case?

    <p>Citizenship acquired by birth in terms of 1995 Citizenship Act and those born to South African parents outside the Republic</p> Signup and view all the answers

    What is the constitutional principle mentioned in the text?

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

    What is the judiciary's law-making function considered to be?

    <p>A logical extension of the powers of the court during interpretation</p> Signup and view all the answers

    What is the purpose of the presumptions and aids to interpretation in the contextual interpretation approach?

    <p>To harmonise the text with the purpose of the legislation</p> Signup and view all the answers

    What is the result of the text-in-context approach?

    <p>The initial meaning of the text is modified to harmonise with the purpose of the legislation</p> Signup and view all the answers

    What is the effect of the Interpretation Clause on the interpretation process?

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

    What is the role of the courts in the post-1994 Constitution?

    <p>Flexible and involves consideration of extra textual factors</p> Signup and view all the answers

    What is the purpose of Sections 1, 2, 7, 8, 36, and 39 in the Constitution?

    <p>To remove the textual approach to interpretation</p> Signup and view all the answers

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