Presumption Against Retroactivity. Pending-Action Canon. plato urged that laws be interpreted according to their spirit rather than literally. Independence of the Judiciary 80 CHAPTER 5 A COMPARATIVE VIEW 86 1. Materials have been developed by a professional law lecturer, with 7 years tertiary experience; who is the holder of a LLB (Hons) degree, a LLM (Mercantile Law) degree, and is a LLD (Jurisprudence) degree candidate. The Routinization of Judicial Review 90 4. In this essay I argue that the statement made by the court in Daniels v Campbell 2003 (9) BLCR 969 (C) is true. None Pages: 4 … 12 For a classical verbalisation of this theory, see Venter v R 1907 TS 910 913 per Innes J. Introduction to South African Family Law 6th edition (Robinson, Human, Smith, Carnelley) -/978 - 1-86822 … 89 (2009). 1. None Pages: 6 year: 2019/2020. The chapter further deals with the manner in which indigenous people’s law is judicially interpreted as an inferior legal system on cultural jurisprudence in South Africa. 1) it departs from its strictly literal rules. Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. South Africa’s news media has become, in the post-1994 democratic era, among the most ... of expression ratings in response to concerns about threatened new laws in South Africa. The first Constitution for the Union of South Africa was adopted in 1910. Popular books for Law and Public Services . 2 In places, the report also refers to opinions of United States courts of appeals and scholarly discussion of statutory interpretation generally. There are 3 main kinds of law in South Africa: • Constitutional law • Criminal law • Civil law. 3.2.1 CONSTITUTIONAL LAW What is constitutional law? Constitutional law tells you how the State is organised and what your human rights are. Organisation of the State The Constitution sets out the rules that are used to govern the country. Statutory councils, an innovation of the new Labour Relations Act (LRA), appear to have more limited appeal. 24 May 1957. 2019/2020 None. STATUTORY INTERPRETATION? Requests for PDF electronic copies should be sent to SAJEJ@judiciary.org.za. IN SOUTH AFRICA: A HISTORICAL AND COMPARATIVE PERSPECTIVE by . In Law, the work of interpretation is done by judiciary & the process of enactment of formulation of act is done by Parliament. 13. That’s where the contract-interpretation and contract-construction “rules” hide, which, in addition to statutes, case law, and doctrine, will inform the contract reader how to interpret the provision at issue. According to Knobel et al (2011) the modern law of property in South Africa and the concept of ownership, are derived directly from Roman law and still bear many similarities to it. Supreme Court Act 59 of 1959 5. But, in certain cases, more than one meaning may be derived from the same word or sentence. Section 24 of the constitution provides that everyone has a right to an environment that is … Interpretation of statutes. Siber Ink. But, at the same time, it is concluded that statutory interpretation does not lack a general approach that lends coherence to the interpretative enterprise – for contextualism performs this function. A collection of study materials in respect of numerous LLB modules. 9 Maxwell and Langan Interpretation of Statutes 28-29. lOMoARcPSD|4680485 MCQ and Answers Interpretation of Statutes (University of South Africa) StuDocu is not sponsored or Some judges prefer 1 Interpretive Approaches to statutory interpretation in South Africa before and after 1994 By Mduduzi Mkhize Abstract Statutory interpretation as a discipline lacked a single starting point before 1994. (English text signed by the Governor-General.) This is the approach that courts in South Africa should now follow, without the need to cite authorities from an earlier era that are not necessarily consistent and which frequently reflect an approach to interpretation that is no longer appropriate. ARRANGEMENT OF SECTIONS PART I GENERAL 1. Section 39(2) of the Constitution of the Republic of South Africa, 1996 directs that when any legislation is interpreted, the result must be a construction that promotes ‘the … This view should be approached with circumspection, since the socio-economic and cultural environment in which a particular legal system As commonly known, the apartheid period in the history of South Africa is considered as the dark one, due to the discrimination of one class of people at the advantage of another minority class of people. Volume 1 covered Botswana, Malawi, South Africa, Swaziland and Zambia. The Constitution The Constitution is the supreme (highest) law of South Africa. An international agreement that South Africa has ratified can apply as domestic law. The South Africa Act of 1909 (9edw vii cg (1909) 2. South Africa. IOS2601 ASS 1 SEM 2 2020 - call or whatsapp 0710823902. In terms of s. 48 of Act No. Because the objective of the court is not only merely to read the law but is also to apply it in a meaningful manner to suit from case to case. Statute law or Legislation is an important source of law in South Africa. The High Court of Parliament Act 35 of 1952 4. Object of interpretation . Extraterritoriality Canon. 1 These treatises Within the context of law, the mischief rule is a rule of statutory interpretation that attempts to determine the legislator’s intention. 2.1 HUMAN RIGHTS LAWS AND POLICIES..... 15 2.2 STATE AGENCIES MANDATED TO DEVELOP AND IMPLEMENT LAWS AND ... ASGISA Accelerated and Shared Growth Initiative for South Africa BABS Bio-prospecting Access and Benefit Sharing Regulations CARA Conservation of Agricultural Resources Act ACT To provide for the registration and granting of patents for … (Assented to 16th May, 1957.) 9. Legal certainty is a central requirement of the rule of law (President of the Republic of South Africa v Hugo 1997 4 SA 1 (CC) par 102), and, as such, it may be argued … Criminal Law (Sentencing) Amendment Act 38 of 2007 . Volume 2 of the Media Law Handbook for Southern Africais an important milestone in this on-going work. Interpretation of statutes. Understanding the “Spirit, Purport and Objects” of South Africa’s Bill of Rights. 0 reviews. Introduction to Law and Legal Skills J. Barnard-Naude, L.J. tory interpretation in South Africa has contributed to the uncertainty and unpredictability characteristic of this subject. TAM2601- Assignment 02 pdf; BPT 1501 Assignment 1; ... University of South Africa. But if principles of contract interpretation and contract construction are so important for 2014/2015. 2019/2020 None. (ii) To examine the relevant constitutional provisions, and in particular section 39, to determine how the application thereof has transformed the approach to statutory interpretation and the way legislation is interpreted in contemporary South Africa. Like the statutes it monitors, statutory interpretation may be ‘broad and deep and variegated’, as Lord Wilberforce once observed. These rules each take different approaches to interpretation of a statute. tional interpretation in the narrow sense, that is, the interpretation of the constitution as a statutory instrument. This process is commonly adopted by the courts for determining the exact intention of the legislature. The development of a sound theory and workable . 1 Constitution of the Republic of South Africa, 1996. recent South African case law I DU PLESSIS* 1 Introduction Vogel and Rust describe the act of interpretation as unfolding a text, to bring it to be understood.1 The South African courts have recently had a number of opportunities to interpret double taxation agreements entered i nto by South Africa. As a result a hotchpotch of conflicting rules, principles and methods were applied. Legal interpretation in South Africa refers to the juridical understanding of South African legislation and case law, and the rules and principles used to construct its meaning for judicial purposes. Application of the Doctrine in South Africa 60 3. Politics A. Heywood. This clause emphasises the importance of public international law and comparative case law in the process of constitutional interpretation. Statute law is written law enacted by a person or a body empowered by the Constitution or other legislation to do so. Statutory Interpretation: An Introduction For Students 5th edition (Chris Botha) /978-0-70219 - 858-8 2. 10 Cross, Bell and Engle Statutory Interpretation 1. 2 Bato Star Fishing (Pty) Ltd v The Minister of Environmental Affairs 2004 (4) SA 490 (CC) [74]. Primary Rules of Interpretation are discussed hereunder.I. View IOS2601 mcq-and-answers.pdf from IOS 2601 at University of South Africa. Abstract. Statutory Interpretation: An Introduction for Students, Christo J. Botha, Juta, 2005, 0702159298, 9780702159299, . Such an approach is taken by some within South Africa who urge judges to interpret even apartheid statutes in light of common law and in accordance with principles of natural justice and reasonableness. The Interpretation of Statutes is one of the most important subject usually taught in Law LLB 3rd year. interpreting the freedom of expression, should South Africa’s controversial Secrecy Bill go into effect.6 Apart from playing an interpretive role, the application of international law in South Africa can also be more direct. South Africa is a democratic country, 24 years after it has emerged from the destructive and painful era of apartheid for many years. These rules each take different approaches to interpretation of a statute. Criminal Law Amendment Act of 105 1997 . As Marinus Wiechers said as recently as 1985 'South Africa is a country rich in constitutional law but extremely poor in constitutional theory. The Interpretation Act defines it as "any law, proclamation, ordinance, Act of Parliament or other enactment having the force of law.". The Constitution of South Africa, which has the force of supreme law, and as such sets the standards and requirements for the construction and construal of statutes, also provides a definition of statute law, ... Discuss statute law or legislation as an important source of South African law. Download the Interpretation Act 33 of 1957. This is because, even where there is a written 11. In South Africa the central pillar of collective bargaining has historically been provided by the industrial and bargaining council systems. The sources of law (where the law comes from) in South Africa are: • The Constitution • Statute law • Common law • Customary law • Court decisions. These are: the literal rule the golden rule the mischief rule the purposive approach. 2 In places, the report also refers to opinions of United States courts of appeals and scholarly discussion of statutory interpretation generally. Description : This work provides a comprehensive guide to the interpretation of statutes in South African law. In an influential book on the subject, he wrote that both interpretation and construction of the Constitution “seek to elaborate a meaning somehow already present in the text.” However, constitutional interpretation relies on traditional legal tools that look to internal aspects of the Constitution (e.g., text and structure) to The Law of Contract in South Africa D. Hutchison, C. Pretorius. Introduction 87 2. Legal certainty is a central requirement of the rule of law (President of the Republic of South Africa v Hugo 1997 4 SA 1 (CC) par 102), and, as such, it may be argued … When the language of the statute is clear, there is no need for the rules of interpretation. Importance of Golden rule of Interpretation -. They share more than borders. 1. INTRODUCTION 86 2. The transitional Constitution, ie the Constitu-tion of the Republic of South Africa Act 200 of 1993, included a provision in a similar vein and to the same effect, namely s 98(5). In South African law, when interpreting a contract it is first necessary to determine what terms form part of the contract. According to Knobel et al (2011) the modern law of property in South Africa and the concept of ownership, are derived directly from Roman law and still bear many similarities to it. These are: the literal rule the golden rule the mischief rule the purposive approach. Introduction to South African Family Law 6th edition (Robinson, Human, Smith, Carnelley) -/978 - 1-86822 … Five basic rules of interpretation of statutes in south africa There are certain general principles of interpretation that have been applied by Courts from time to time. Constitutional Law in Context D. Brand, C. Gevers. Statutory Interpretation: An Introduction For Students 5th edition (Chris Botha) /978-0-70219 - 858-8 2. It is a practical guide for journalists practising in the Democratic Republic of the Congo, Lesotho, Namibia, Zimbabwe and Tanzania. Commencement. 15 Still, the utility of this activist approach is likely to be limited. Here I am sharing two PDF eBooks containing detailed notes on the Law LLB subject - Interpretation of Statutes. All laws and State actions must be in line with the Constitution. GENERAL. South Africa. modus operandi. South Africa is new to the Jul 25, 2018. To consolidate the laws relating to the interpretation and the shortening of the language of statutes. The enactment of both the interim and final Constitution ushered in a new approach to statutory interpretation. purposivism. SAJEJ Vol 3_Issue 1 (Book).indb 5 2020/11/21 5:20 AM ... Wallis JA then turns to the specific issue of statutory interpretation… This clause emphasises the importance of public international law and comparative case law in the process of constitutional interpretation. interpretation of indigenous law on the same par with other legal system more so considering cultural jurisprudence in post-apartheid South Africa. This view should be approached with circumspection, since the socio-economic and cultural environment in which a particular legal system This canon seeks to advance legal certainty (Devenish Interpretation of Statutes (1992) 218). Some judges prefer Constitution of the Republic of South Africa Act 200 of 1993 (Interim Constitution) 10. In some instances, these ‘other sources’ find their origin … Interpretation Act s1 n 2 “any laws, proclamations, ordinances, Act of parliament, all by-laws, rules, regulations or orders and (2) any other enactment having the force of law” The Interpretation Acts definition if law. Separate Representation of Voters Act 46 of 1951 3. It also explores the purposive and contextual approaches to the interpretation of fiscal statutes. 38 of 1997, the expression “South African Institute of Patent Agents”, wherever it occurs, is substituted by the expression “South African Institute of Intellectual Property Laws”. _____ (English text signed by the Governor-General.) 2 However, in hard cases, the court will often have to reach a fair and just decision based on other sources. Preamble.—WHEREAS the achievement of democracy in South Africa has consigned to history A civil statute presumptively has no retroactive application. When the law is clear, there is little room for interpretation. On 31 May 1961 South Africa was declared a Republic human rights; Botswana; South Africa 1 Introduction The relationship between multiple legal systems in a pluralistic legal order remains a highly topical theme, especially in a post-colonial setting where transplanted and indigenous laws exist side by side. 15. mon-tesquieu viewed the judge as simply the mechan- of interpretation of statutes as they are generally accepted in modern legal thinking. For recent examples of one of South Africa's two … Traditionally, the South African rules of statutory interpretation were based on the sovereignty of parliament while a fundamental-rights dispensation is based on a supreme constitution and fundamental values. The Interpretation Act 33 of 1957 aims: to consolidate the laws relating to the interpretation and the shortening of the language of statutes. This guide covers the following topics: Amendment of the Acts Interpretation Act 1901, Amendment of the Archives Act 1983, Amendment of the Bankruptcy Act 1966, Amendment of the Domicile Act 1982, Amendment of the Evidence Act 1995, Amendment of the Family Law Act 1975, Amendment of the Marriage Act 1961, Amendment of the … It has been written in anticipation of South Africa acquiring a justiciable and entrenched Bill of Rights, which will undoubtedly influence the interpretation of all legislation. Amendments. Statutory Interpretation 3 I. Although statutory interpretation … It then ana- lyses whether the advent of the Constitution (The Constitution of the Republic of South Africa of 1996) has brought a paradigm shift from the strict literal approach to the purposive approach. Limitations on Judicial Power 78 5. 4 Minister of Finance v Van Heerden 2004 (4) SA 490 (CC) [44]. 2.1 Name the various dimensions of the “practical inclusive method of interpretation” favoured by Botha Statutory Interpretation: An Introduction for Students (5) 2.2 Briefly EXPLAIN the importance of each of the following cases for statutory interpretation in South Africa: (12) Judges and courts in the country, meanwhile, generally have defended critical principles relating to freedom of expression, setting ... pdf. CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 208/17 In the matter between: ALAN GEORGE MARSHALL N.O. 3 Botha Interpretation 204. Civil Law and Justice Legislation Amendment Act 2018. IOS2601 ASS1 S1 2019 - Assignment one of Interpretation of Statutes in the 2019 academic year. There are five basic sources that have guided interpretation of the Constitution: (1) the text and structure of the Constitution, (2) intentions of those who drafted, voted to propose, or voted to ratify the provision in question, (3) prior precedents (usually judicial), (4) the … The INTERPRETATION - The object of all interpretation of a 'Written Document' is to discover the intention of the author. 89 (2009). This work provides a comprehensive guide to the interpretation of statutes in South African law. When the language of the statute is clear, there is no need for the rules of interpretation. Constitution of the Republic of South Africa Act 108 of 1996 . This canon seeks to advance legal certainty (Devenish Interpretation of Statutes (1992) 218). University of South Africa. THE EUROPEAN IUS COMMUNE That legal system was the ius commune.5 An amalgam of Roman law, canon law and general custom, it governed legal education and shaped legal practice in courts throughout Western Europe before the era of South Africa is new to the 12. have underpinned judicial reasoning in South Africa in the past. Register Now. Treatises on statutory interpretation in South Africa, and in other jurisdictions where Interpretation of Statutes is a legal discipline in its own right, most often start by posing the question 'what is statutory interpretation?'. (Assented to 16th May, 1957.) 31 of 2007 ACT To provide for a uniform system for the organisation, governance and funding of schools; to amend and repeal certain laws relating to schools; and to provide for matters connected therewith. This gave rights to the white minority but took away the right to vote of the majority of South Africans. JAMIE BLAKER The theory of intentionalism holds that the laws of statutes are determined by the enacting legislators’ subjective law-making intentions. They are the written laws as set out by the parliament and provincial legislatures (competent authorities) and form the basis on which the law of South Africa … 14. 1 The Constitution of the Republic of South Africa Act 108 of 1996 (hereafter „the Constitution‟, unless indicated otherwise). Helpful? Income Tax Act 58 of 1962 . THE INTERPRETATION OF STATUTES BEFORE 1994 Traditionally, the South African rules of statutory interpretation were based on the sovereignty of parliament while a fundamental-rights dispensation is based on a supreme constitution and fundamental values. #1. Botswana and South Africa are two examples. 4.2 The rules of statutory interpretation In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. They then proceed to proffer a working definition of some sort to get further discussion going. is therefore essential for an understanding of the interpretation of statutes and the scientific application of … When statutory law is altered during the pendency of a lawsuit, the courts at every level must apply the new law unless doing so would violate the presumption against retroactivity. Report an Environmental Violation. None Pages: 8 year: 2019/2020. Interpretation of Statutes (IOS2601) Academic year. MCQ IOS.pdf. In South Africa, the first source for judicial decision-making will be the Constitution, 1 followed by the accepted current law in the form of statutory law, common law, customary law; as well as court precedent, international, and foreign law. University of South Africa. of interpretation in the administrative setting, see Michael Herz, Purposivism and Institutional Competence in Statutory Interpretation, 2009 MICH. ST. L. REV. law and its role in South African law but the most important clause in section 35(1) -the interpretation clause. Note it is limited to enabled statutes only as … the interpretation of legal texts such as statutes and constitutions has presented problems from the earliest times to the present day. 8 pages. Labour law rules! View all for Law and Public Services ... LDEL 3714 2015 Test 3 SCL1501-interpretation of statutes exam notes Notes 1 PVL3702 Extract Law … Republic of South Africa Constitution Act 110 of 1983 Provincial Government Act 69 of 1986 General Law Third Amendment Act 129 of 1993 Constitution Consequential Amendments Act 201 of 1993 ACT To consolidate the laws relating to the interpretation and the shortening of the language of statutes. Activist v Conservative Courts 89 3. The Role of the Judiciary 74 4. Interpretation of Statutes. In other jurisdictions a review of the relevant interpretation statute has been combined with the drawing of a drafting manual to set down uniform standards for 11 Steyn et al Uitleg van Wette 2. More particularly: To introduce students to the nature of legal reasoning by studying case law To provide students with the ability to be able to read, interpret and understand ... interpretation of statutes is to as judicial understanding of legislation and referred LEGISLATION IN THE REPUBLIC OF SOUTH AFRICA The importance and the daily relevance of the interpretation of legislation (in general), as well as fiscal legislation in particular, in a developing country like the Republic of South Africa, need not to be underscored. interpretation in South Africa. Statute law is written law enacted by a person or a body empowered by the Constitution or other legislation to do so. Voltaire expressed the view that to interpret the law is to corrupt it. The Republic of South Africa Act 32 of 1961 6. Interpretation Notes issued by the South African Revenue Services on 8 February 2013, Education Laws Amendment Act, No. • In 1960 the white government held a referendum to decide whether South Africa would become a Republic. Sections 2, 10, 13, 15, 16 and 17 amended by Constitution Consequential Amendments Act 201 of 1993; Section 13 amended by General Law Third Amendment Act 129 of 1993 2. IOS 2601 - Summer 2019. BE IT ENACTED by the Queen's Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, .as follows:-PART I. 6 pages. 2) the court adopt the golden rule of interpretation in order to arrive at a perfect interpretation which would bring out the true meaning of the language, in the process of giving effect to the real intention of the Legislature. 17 pages. Criminal Procedure Act 51 of 1977, as amended . Interpretation, in the context of fiscal legislation, is the cornerstone on which the revenue authorities assess and collect taxes and, correspondingly, the foundation upon which the taxpayers` rights are built.6 South African tax laws are ‘older’ statutes and have no built-in interpretation provisions. Interpretation of statute is the process of ascertaining the true meaning of the words used in a statute. JUDICIAL REVIEW IN THE UNITED S TATES 87 1. GARDIOL JEANNE VAN NIEKERK submitted in accordance with the requirements for the degree of DOCTOR OF LAWS at the UNIVERSITY OF SOUTH AFRICA PROMOTOR: PROFESSOR J CHURCH JOINT PROMOTOR: PROFESSOR JV VAN DER WESTHUIZEN JUNE 1995 TABLE OF STATUTES 1. To consolidate the laws relating to the interpretation and the shortening of the language of statutes. I have shared brief and to-the point notes that will help you revise this subject in quick time. . Africa. Interpretation of statutes is the correct understanding of the law. That’s where the contract-interpretation and contract-construction “rules” hide, which, in addition to statutes, case law, and doctrine, will inform the contract reader how to interpret the provision at issue. Kotze. law and its role in South African law but the most important clause in section 35(1) -the interpretation clause. of interpretation in the administrative setting, see Michael Herz, Purposivism and Institutional Competence in Statutory Interpretation, 2009 MICH. ST. L. REV. 2 Like s 98(5) of the transitional Constitution. The South African Law Reform Commission was established by the South African Law Reform Commission Act, 1973 (Act 19 of 1973). Course. The Republic of South Africa Act 110 of 1983 7. The Law of Succession in South Africa J. Jamneck, C. Rautenbach. 54777437 IOS2601 Assignment 1 Semester 1. It has been written in anticipation of South Africa acquiring a justiciable and entrenched Bill of Rights, which will undoubtedly influence the interpretation of all legislation. But if principles of contract interpretation and contract construction are so important for Currently, the journal is not for sale. 4.2 The rules of statutory interpretation In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. Broadly speaking there are three means by which and through which South African scholars and jurists construe their country's statutory law: linguistics or semantics, common law and jurisprudence. The High Court has recently rejected the theory of intentionalism and, as such, has attracted criticisms from some of the theory’s most eminent proponents. 22 1. But, in certain cases, more than one meaning may be …
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