IOS2601
Assignment 1
Semester 2
, Questions
The Act was adopted on 5 April 1996, assented to by the president on the 10 April 1996, 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.
Question 1
Once an Act is adopted by the legislature, it is then sent to the President who "assents" to
it by signing it (The Act into law)The date of assent is when the legislative text is signed
by the President after it was adopted by the legislature. In terms of section 13(1) of the
interpretation Act commencement means the day upon which that Act came into
operation.
Commencement means the day the law comes into operation in terms of Section 13(1) 13
of the interpretation Act 33 of 1957- if no date is provided, legislation will commence the
date on which it is published in the Government Gazette This lays down 3 options of when
legislation can commence:
1. The date specified in the legislation
2. By a date to be determined by the President in a proclamation
3. The date published in the Gazette
The Constitution requires legislation to be published before it commences. he reason
why legislation must be published is to make people aware of such legislation
- The default setting: on the date of publication
Section 13(1) of the Interpretation Act, as well as ss 81 and 123 of the Constitution, provide
that if the legislation does not prescribe a date of commencement, it automatically
commences on the day of its publication in the Gazette. Under normal circumstances the
date of publication will coincide with the day of commencement provided for in the
legislatior
- Delayed commencement: on a future specified
Date In terms of s 13(1) of the Interpretation Act (and ss 81 and 123 of the Constitution)
the legislation as published in the Gazette may provide for another fixed date (other than
the date of publication) for its commencement. Since the legislation need not be published
again on the future commencement date, it will automatically commence on that specified
date
(b)
The preamble
It usually contains a programme of action or a declaration of intent with regard to the broad
principles contained in the particular statute. It may be used during interpretation of legislation
Assignment 1
Semester 2
, Questions
The Act was adopted on 5 April 1996, assented to by the president on the 10 April 1996, 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.
Question 1
Once an Act is adopted by the legislature, it is then sent to the President who "assents" to
it by signing it (The Act into law)The date of assent is when the legislative text is signed
by the President after it was adopted by the legislature. In terms of section 13(1) of the
interpretation Act commencement means the day upon which that Act came into
operation.
Commencement means the day the law comes into operation in terms of Section 13(1) 13
of the interpretation Act 33 of 1957- if no date is provided, legislation will commence the
date on which it is published in the Government Gazette This lays down 3 options of when
legislation can commence:
1. The date specified in the legislation
2. By a date to be determined by the President in a proclamation
3. The date published in the Gazette
The Constitution requires legislation to be published before it commences. he reason
why legislation must be published is to make people aware of such legislation
- The default setting: on the date of publication
Section 13(1) of the Interpretation Act, as well as ss 81 and 123 of the Constitution, provide
that if the legislation does not prescribe a date of commencement, it automatically
commences on the day of its publication in the Gazette. Under normal circumstances the
date of publication will coincide with the day of commencement provided for in the
legislatior
- Delayed commencement: on a future specified
Date In terms of s 13(1) of the Interpretation Act (and ss 81 and 123 of the Constitution)
the legislation as published in the Gazette may provide for another fixed date (other than
the date of publication) for its commencement. Since the legislation need not be published
again on the future commencement date, it will automatically commence on that specified
date
(b)
The preamble
It usually contains a programme of action or a declaration of intent with regard to the broad
principles contained in the particular statute. It may be used during interpretation of legislation
