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IOS2601 - Exam pack 4
Interpretation of Statutes (University of South Africa)
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INTERPRETATION OF
STATUTES
REVISION PACK
1ST SEMESTER 2016
0718875769
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, lOMoARcPSD|7394947
1
Q .In Geyser v Msunduzi Municipality 2003 (5) SA 19 (N) 32D-
E the court emphasised that “the orthodox primary rule of
interpretation is that the courts must give effect to the
literal or grammatical meaning of the legislation, and that
deviation from this rule will be allowed only in exceptional
circumstances”.
Write an essay of between four (4) and five (5) pages in which
you discuss the popularity of the textual approach in legal
systems influenced by English law, the criticisms of the
orthodox text-based (literal) approach to statutory
interpretation and evaluate whether the statement at 32D-E
in Geyser v Msunduzi Municipality 2003 (5) SA 19 (N) reflects
the interpretative trend in South Africa post 1994.
Special instructions:
(a) Use the following headings to structure your essay:
(1) Introduction (1 mark)
(2) The factors that led to the adoption of the orthodox
text-based (literal) approach in England (4 marks)
(3) The criticisms of the orthodox text-based (literal)
approach to statutory interpretation (6 marks)
MEMORIZING THE LAW IS NOT WHAT LAW
EXAMS ARE ABOUT. DO YOU NEED TO
KNOW THE LAW? SURE, BACKWARDS AND
FORWARDS. BUT THAT IS NOT
ENOUGH...THE QUESTION IS WHAT YOU
DO WITH THE LAW YOU’VE STUDIED?"-
ALISON MONOHAM
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2
(4) The interpretative approach adopted by South African
courts post 1994 (15 marks)
(5) The impact of the Constitution (specifically section
39(2)) on statutory interpretation post 1994; and (20 marks)
(6) Conclusion (4 marks)
Introduction
The orthodox text –based approach was the predominant
approach to the interpretation is South Africa prior to
1994.However the promulgation of the supreme Constitution
changed the approach of South African courts to statutory
interpretation .In this essay I argue that the statement made in
32D-E in Geyer v Msunduzi Municipality as it applies to statutory
interpretation is correct.
The factors that led to the adoption of the orthodox text –
based approach in England
According to Botha the orthodox text- based approach was
adopted in England due to the following factors which are the
misconception about the doctrine of separation of power and
sovereignty of Parliament which resulted in accepting the idea
MEMORIZING THE LAW IS NOT WHAT LAW
EXAMS ARE ABOUT. DO YOU NEED TO
KNOW THE LAW? SURE, BACKWARDS AND
FORWARDS. BUT THAT IS NOT
ENOUGH...THE QUESTION IS WHAT YOU
DO WITH THE LAW YOU’VE STUDIED?"-
ALISON MONOHAM
Downloaded by Tinomuda Nhongo ()
IOS2601 - Exam pack 4
Interpretation of Statutes (University of South Africa)
StuDocu is not sponsored or endorsed by any college or university
Downloaded by Tinomuda Nhongo ()
, lOMoARcPSD|7394947
INTERPRETATION OF
STATUTES
REVISION PACK
1ST SEMESTER 2016
0718875769
Downloaded by Tinomuda Nhongo ()
, lOMoARcPSD|7394947
1
Q .In Geyser v Msunduzi Municipality 2003 (5) SA 19 (N) 32D-
E the court emphasised that “the orthodox primary rule of
interpretation is that the courts must give effect to the
literal or grammatical meaning of the legislation, and that
deviation from this rule will be allowed only in exceptional
circumstances”.
Write an essay of between four (4) and five (5) pages in which
you discuss the popularity of the textual approach in legal
systems influenced by English law, the criticisms of the
orthodox text-based (literal) approach to statutory
interpretation and evaluate whether the statement at 32D-E
in Geyser v Msunduzi Municipality 2003 (5) SA 19 (N) reflects
the interpretative trend in South Africa post 1994.
Special instructions:
(a) Use the following headings to structure your essay:
(1) Introduction (1 mark)
(2) The factors that led to the adoption of the orthodox
text-based (literal) approach in England (4 marks)
(3) The criticisms of the orthodox text-based (literal)
approach to statutory interpretation (6 marks)
MEMORIZING THE LAW IS NOT WHAT LAW
EXAMS ARE ABOUT. DO YOU NEED TO
KNOW THE LAW? SURE, BACKWARDS AND
FORWARDS. BUT THAT IS NOT
ENOUGH...THE QUESTION IS WHAT YOU
DO WITH THE LAW YOU’VE STUDIED?"-
ALISON MONOHAM
Downloaded by Tinomuda Nhongo ()
, lOMoARcPSD|7394947
2
(4) The interpretative approach adopted by South African
courts post 1994 (15 marks)
(5) The impact of the Constitution (specifically section
39(2)) on statutory interpretation post 1994; and (20 marks)
(6) Conclusion (4 marks)
Introduction
The orthodox text –based approach was the predominant
approach to the interpretation is South Africa prior to
1994.However the promulgation of the supreme Constitution
changed the approach of South African courts to statutory
interpretation .In this essay I argue that the statement made in
32D-E in Geyer v Msunduzi Municipality as it applies to statutory
interpretation is correct.
The factors that led to the adoption of the orthodox text –
based approach in England
According to Botha the orthodox text- based approach was
adopted in England due to the following factors which are the
misconception about the doctrine of separation of power and
sovereignty of Parliament which resulted in accepting the idea
MEMORIZING THE LAW IS NOT WHAT LAW
EXAMS ARE ABOUT. DO YOU NEED TO
KNOW THE LAW? SURE, BACKWARDS AND
FORWARDS. BUT THAT IS NOT
ENOUGH...THE QUESTION IS WHAT YOU
DO WITH THE LAW YOU’VE STUDIED?"-
ALISON MONOHAM
Downloaded by Tinomuda Nhongo ()
