, PLEASE USE THIS DOCUMENT AS A GUIDE ONLY
Question 1
(a) The Act was adopted on 5 April 1996, assented to by the president on the 10 April1996, but it
only commenced on 19 June 1996. EXPLAIN the difference between the dates of assent and
commencement with reference to the provisions of section 13 of the interpretation Act 33 of
1957.
The dates of assent and commencement represent two distinct and crucial stages in the life cycle of
legislation.
1. Assent
The date of assent is the day on which the head of state formally approves a Bill that has been passed
by the legislature. In terms of section 81 of the Constitution, once Parliament has passed a Bill, it is
sent to the President for assent. By signing the Bill, the President gives it his or her approval, and the
Bill officially becomes an Act of Parliament (a law).¹
In the case of the National Youth Commission Act 19 of 1996, the President's assent was given on 10
April 1996, which is the date on which the Act became legally enacted. However, even though it is
now a law, it may not yet be operational.
2. Commencement
The date of commencement is the day on which the Act comes into operation and takes effect.² This
is the moment when the law becomes legally enforceable and can be applied to citizens. Section 13(1)
of the Interpretation Act 33 of 1957 stipulates that a law will commence on the day it is first
published in the Government Gazette as a law, unless some other day is fixed by or under the law for
its coming into operation.³
For the National Youth Commission Act, the commencement date is 19 June 1996. This date is
likely the date of publication in the Government Gazette, as prescribed by the default rule in section
13(1). The 10-week gap between assent (10 April) and commencement (19 June) is a common
occurrence, as it allows time for the necessary administrative arrangements to be made for the Act's
implementation, such as the appointment of the Commission's members and staff, and the setting up
of its infrastructure.⁴
Therefore, the key distinction is that assent is the final step in the legislative process, creating the law,
while commencement is the process of putting the law into practical operation. It is the date of
commencement that matters in determining whether the law applies to a particular situation.
¹ Botha, C. 2012. Statutory Interpretation: An Introduction for Students. 5th ed. Cape Town: Juta. p. 45; IOS2601 Study Guide. p. 10.
² IOS2601 Study Guide. p. 8.
³ Interpretation Act 33 of 1957, s 13(1), cited in IOS2601 Study Guide. p. 15 and Botha, C. 2012. p. 49.
⁴ Botha, C. 2012. p. 48.
Question 1
(a) The Act was adopted on 5 April 1996, assented to by the president on the 10 April1996, but it
only commenced on 19 June 1996. EXPLAIN the difference between the dates of assent and
commencement with reference to the provisions of section 13 of the interpretation Act 33 of
1957.
The dates of assent and commencement represent two distinct and crucial stages in the life cycle of
legislation.
1. Assent
The date of assent is the day on which the head of state formally approves a Bill that has been passed
by the legislature. In terms of section 81 of the Constitution, once Parliament has passed a Bill, it is
sent to the President for assent. By signing the Bill, the President gives it his or her approval, and the
Bill officially becomes an Act of Parliament (a law).¹
In the case of the National Youth Commission Act 19 of 1996, the President's assent was given on 10
April 1996, which is the date on which the Act became legally enacted. However, even though it is
now a law, it may not yet be operational.
2. Commencement
The date of commencement is the day on which the Act comes into operation and takes effect.² This
is the moment when the law becomes legally enforceable and can be applied to citizens. Section 13(1)
of the Interpretation Act 33 of 1957 stipulates that a law will commence on the day it is first
published in the Government Gazette as a law, unless some other day is fixed by or under the law for
its coming into operation.³
For the National Youth Commission Act, the commencement date is 19 June 1996. This date is
likely the date of publication in the Government Gazette, as prescribed by the default rule in section
13(1). The 10-week gap between assent (10 April) and commencement (19 June) is a common
occurrence, as it allows time for the necessary administrative arrangements to be made for the Act's
implementation, such as the appointment of the Commission's members and staff, and the setting up
of its infrastructure.⁴
Therefore, the key distinction is that assent is the final step in the legislative process, creating the law,
while commencement is the process of putting the law into practical operation. It is the date of
commencement that matters in determining whether the law applies to a particular situation.
¹ Botha, C. 2012. Statutory Interpretation: An Introduction for Students. 5th ed. Cape Town: Juta. p. 45; IOS2601 Study Guide. p. 10.
² IOS2601 Study Guide. p. 8.
³ Interpretation Act 33 of 1957, s 13(1), cited in IOS2601 Study Guide. p. 15 and Botha, C. 2012. p. 49.
⁴ Botha, C. 2012. p. 48.
