ASSIGNMENT 01
DUE DATE: 30 MARCH 2020
THE UNIQUE NUMBER FOR ASSIGNMENT 01 IS 881400
Assignment 01 will count 10% towards your final mark. You will receive individual
comments on your work and a mark for the assignment. Your essay will be marked out
of a total of 50 marks, which will then be converted to a percentage (e.g. 25 out of 50 =
50%). If you do not submit the assignment, you will NOT be admitted to the examination.
NB: THIS ASSIGNMENT CONSIST OF 2 QUESTIONS WHICH MUST ALL BE
ANSWERED.
ALL THE QUESTIONS CALCULATED TOGETHER ARE A TOTAL OF 50 MARKS.
READ THE INSTRUCTIONS PROVIDED BEFORE YOU ANSWER EACH QUESTION.
SPECIAL INSTRUCTIONS:
CAREFULLY READ THE NATIONAL YOUTH COMMISSION ACT 19 OF 1996
(HEREAFTER REFERRED TO AS THE ACT). THIS ACT WILL BE UPLOADED
UNDER ADDITIONAL RESOURCES ON MYUNISA
QUESTION 1 IS BASED ON THE ACT
Assignment One - Answer
a) The long title from the PLANNING PROFESSION Act
To provide for the establishment of the South African Council for Planners as a juristic
person; to provide for different categories of planners and the registration of planners; to
authorise the identification of areas of work for planners; to recognise certain voluntary
associations; to protect the public from unethical planning practices; to maintain a high
standard of professional conduct and integrity; to establish disciplinary mechanisms and an
Appeal Board; and to provide for incidental matters.
The long title contains a short description of what the Act contains. It forms part of the
legislation, which was considered by the legislature during the legislative process. Its value
will depend on the information it contains. In Bhyat v Commissioner for Immigration 1, it was
decided that it may be considered to establish the purpose of the legislation.
Headings to chapters and sections may be used to establish the purpose of the legislation
only when the rest of the provision was is not clear. Headings should be used to determine
the purpose of legislation in the contextual approach. In Turffontein Estates v Mining
1
Bhyat v Commissioner for Immigration 1932 AD 125
[Type here]
, Commissioner Johannesburg 2 the court pointed out that the value attached to headings will
depend on the circumstances of each case.
Schedules serve to shorten and simplify the content-matter and the value depends on the
nature thereof, its relationship to the rest of the text and the language in which the
legislation refers to it. Schedules which explain sections of an Act should have the same
force of law. If there is conflict between the schedule and a section, the section prevails with
the exception of the interim Constitution where the schedules form part of the substance. A
particular schedule may state that it is not part of the Act and that it doesn’t have the force
of law, in which case it may be considered as part of the context, e.g. the Schedule 4 of the
Labour Relations Act with flow diagrams explaining the procedures for dispute resolution.
b) No, John unfortunately missed the deadline as prescribed by section 27(2) of the Act and
his appeal will not be considered. In terms of Section 4 of the Interpretation Act 33 of
1957, when any particular number of days is prescribed for the doing of any act, or for
any other purpose, the same shall be reckoned exclusively of the first day and inclusively
of the last day. In this case the prescribed period started on 6 February 2019 and ended
6 March 2019. In Minister van Polisie v De Beers 3the common law (computatio civilis) or
ordinary civil method was used to compute the prescribed time for a civil action against
the Police Ministry. The action was regulated by the Police Act in terms of which the
action had to be instituted within 6 months. In Brown v Regional Director, Department
of Manpower 4, the court held that the purpose of the calculation of time envisaged in
Section 4 is to determine the end and not the beginning of the particular period.
c) Du Plessis and Corder 5suggested 5 methods of constitutional interpretation. The
techniques are complementary and should be applied in conjunction with one another:
Grammatical interpretation acknowledges the importance of the role of the language of
the legislative text. It focuses on the linguistic and grammatical meaning of the words,
2
In Turffontein Estates v Mining Commissioner Johannesburg 1917 AD 419
3
Minister van Polisie v De Beers 1970 (2) 712 (T)
4
1993 (2) SA 291
5
http://learning.ufs.ac.za/ULL214_OFF/Resources/2.%20RESOURCES/2.%20Study%20material/
2.%20%20English%20Guide/11.pdf
[Type here]
DUE DATE: 30 MARCH 2020
THE UNIQUE NUMBER FOR ASSIGNMENT 01 IS 881400
Assignment 01 will count 10% towards your final mark. You will receive individual
comments on your work and a mark for the assignment. Your essay will be marked out
of a total of 50 marks, which will then be converted to a percentage (e.g. 25 out of 50 =
50%). If you do not submit the assignment, you will NOT be admitted to the examination.
NB: THIS ASSIGNMENT CONSIST OF 2 QUESTIONS WHICH MUST ALL BE
ANSWERED.
ALL THE QUESTIONS CALCULATED TOGETHER ARE A TOTAL OF 50 MARKS.
READ THE INSTRUCTIONS PROVIDED BEFORE YOU ANSWER EACH QUESTION.
SPECIAL INSTRUCTIONS:
CAREFULLY READ THE NATIONAL YOUTH COMMISSION ACT 19 OF 1996
(HEREAFTER REFERRED TO AS THE ACT). THIS ACT WILL BE UPLOADED
UNDER ADDITIONAL RESOURCES ON MYUNISA
QUESTION 1 IS BASED ON THE ACT
Assignment One - Answer
a) The long title from the PLANNING PROFESSION Act
To provide for the establishment of the South African Council for Planners as a juristic
person; to provide for different categories of planners and the registration of planners; to
authorise the identification of areas of work for planners; to recognise certain voluntary
associations; to protect the public from unethical planning practices; to maintain a high
standard of professional conduct and integrity; to establish disciplinary mechanisms and an
Appeal Board; and to provide for incidental matters.
The long title contains a short description of what the Act contains. It forms part of the
legislation, which was considered by the legislature during the legislative process. Its value
will depend on the information it contains. In Bhyat v Commissioner for Immigration 1, it was
decided that it may be considered to establish the purpose of the legislation.
Headings to chapters and sections may be used to establish the purpose of the legislation
only when the rest of the provision was is not clear. Headings should be used to determine
the purpose of legislation in the contextual approach. In Turffontein Estates v Mining
1
Bhyat v Commissioner for Immigration 1932 AD 125
[Type here]
, Commissioner Johannesburg 2 the court pointed out that the value attached to headings will
depend on the circumstances of each case.
Schedules serve to shorten and simplify the content-matter and the value depends on the
nature thereof, its relationship to the rest of the text and the language in which the
legislation refers to it. Schedules which explain sections of an Act should have the same
force of law. If there is conflict between the schedule and a section, the section prevails with
the exception of the interim Constitution where the schedules form part of the substance. A
particular schedule may state that it is not part of the Act and that it doesn’t have the force
of law, in which case it may be considered as part of the context, e.g. the Schedule 4 of the
Labour Relations Act with flow diagrams explaining the procedures for dispute resolution.
b) No, John unfortunately missed the deadline as prescribed by section 27(2) of the Act and
his appeal will not be considered. In terms of Section 4 of the Interpretation Act 33 of
1957, when any particular number of days is prescribed for the doing of any act, or for
any other purpose, the same shall be reckoned exclusively of the first day and inclusively
of the last day. In this case the prescribed period started on 6 February 2019 and ended
6 March 2019. In Minister van Polisie v De Beers 3the common law (computatio civilis) or
ordinary civil method was used to compute the prescribed time for a civil action against
the Police Ministry. The action was regulated by the Police Act in terms of which the
action had to be instituted within 6 months. In Brown v Regional Director, Department
of Manpower 4, the court held that the purpose of the calculation of time envisaged in
Section 4 is to determine the end and not the beginning of the particular period.
c) Du Plessis and Corder 5suggested 5 methods of constitutional interpretation. The
techniques are complementary and should be applied in conjunction with one another:
Grammatical interpretation acknowledges the importance of the role of the language of
the legislative text. It focuses on the linguistic and grammatical meaning of the words,
2
In Turffontein Estates v Mining Commissioner Johannesburg 1917 AD 419
3
Minister van Polisie v De Beers 1970 (2) 712 (T)
4
1993 (2) SA 291
5
http://learning.ufs.ac.za/ULL214_OFF/Resources/2.%20RESOURCES/2.%20Study%20material/
2.%20%20English%20Guide/11.pdf
[Type here]
