65166957 N Sukdeo IOS2601 719782 Due: 18/08/2022
QUESTION 1
(a)
After the legislature passes an act, it is delivered to the President, who "assents" to it by
signing the act into law. The date of assent is the moment the President signs the
legislative text after it has been approved by the legislature. According to the
Interpretation Act- section 13(1), the day that the act went into effect is referred to as the
"commencement." In accordance with Section 13(1) of the Interpretation Act, the term
"commencing" refers to the day the law takes effect; if no date is specified, it takes
effect on the day it is published in the Government Gazette. Legislation must be
announced before it takes effect. This lays out three potential starting dates for
legislation:
1. The date stated in the legislation
2. By a date to be determined in a proclamation by the President
3. The date that was announced in the Gazette
The standard setting: on the publishing date
Sections 81 and 123 of the Constitution, as well as Section 13(1) of the Interpretation
Act, states that the law immediately takes effect on the day it is published in the
Gazette, if no start date is specified. Usually, the publishing date will fall on the day of
commencement specified in the legislation.
Delayed commencement: on a later date that has been set.
A specific date (other than the date of publication) may be specified in the legislation as
published in the Gazette in accordance with Section 13(1) of the Interpretation Act and
Sections 81 and 123 of the Constitution. The legislation will automatically take effect on
the given date since it won't need to be published again at that time.
(b)
The preamble
It typically includes a plan of action or a statement of intent in relation to the major ideas
covered by the specific statute. Although on its own it cannot convey the final meaning
of the text, it may be used for interpreting laws because the text as a whole should be
understood in its context. The National Youth Commission Act's Preamble begins with;
“SINCE it is necessary to create a united, non-racial, non-sexist and prosperous society,
in which the youth of South Africa shall promote national reconciliation and unity, build a
new patriotism and foster peace, justice and a human rights culture…..
, 65166957 N Sukdeo IOS2601 719782 Due: 18/08/2022
AND SINCE it is necessary to redress the imbalances of the past and to create a
national youth policy aimed at empowering the youth and allowing them to realise their
full potential through optimal access to opportunities”
The long title
Gives a brief explanation of the topic and is a component of the statute that the
legislature will be considering during the legislative process. The act's lengthy title
begins with;
“To provide for the establishment, constitution, objects and functions of a National Youth
Commission; and to provide for matters connected therewith”
The legislative text in other official languages
Legislation in South Africa was produced in two official languages before the start of the
interim Constitution, and the text in the other language was utilised to clarify any
ambiguities.
(c )
“To provide for the establishment, constitution, objects and functions of a National Youth
Commission; and to provide for matters connected therewith”
The long title is used by the court to interpret certain provisions of the statute. It assists
in eliminating ambiguity and confusion and not in giving conclusive aid in interpreting
the provisions of the statute. It is relied upon as a guide to decide the scope of the act. it
contains a short description of the contents of the act and forms part of the legislation.
Its utility will depend on the information it holds. In Bhyat v Commissioner for
Immigration it was decided that it may be considered to establish the purpose of the
legislation.
QUESTION 2
A statutory provision that demands strict adherence is considered to be peremptory
(obligatory or required), and failure to abide by one renders the act or conduct void.
While a statutory provision that only requires considerable compliance is just directive,
and failure to abide (or only defective or partial compliance) won't render the resulting
act void; in other words, exact compliance is not necessary.
The court determined that there was substantial compliance with the clause in
Commercial Union Assurance Co v. Clarke. As long as the provision's goal has been
met- it was not required to adhere to the rules to the last detail. In the above-mentioned
QUESTION 1
(a)
After the legislature passes an act, it is delivered to the President, who "assents" to it by
signing the act into law. The date of assent is the moment the President signs the
legislative text after it has been approved by the legislature. According to the
Interpretation Act- section 13(1), the day that the act went into effect is referred to as the
"commencement." In accordance with Section 13(1) of the Interpretation Act, the term
"commencing" refers to the day the law takes effect; if no date is specified, it takes
effect on the day it is published in the Government Gazette. Legislation must be
announced before it takes effect. This lays out three potential starting dates for
legislation:
1. The date stated in the legislation
2. By a date to be determined in a proclamation by the President
3. The date that was announced in the Gazette
The standard setting: on the publishing date
Sections 81 and 123 of the Constitution, as well as Section 13(1) of the Interpretation
Act, states that the law immediately takes effect on the day it is published in the
Gazette, if no start date is specified. Usually, the publishing date will fall on the day of
commencement specified in the legislation.
Delayed commencement: on a later date that has been set.
A specific date (other than the date of publication) may be specified in the legislation as
published in the Gazette in accordance with Section 13(1) of the Interpretation Act and
Sections 81 and 123 of the Constitution. The legislation will automatically take effect on
the given date since it won't need to be published again at that time.
(b)
The preamble
It typically includes a plan of action or a statement of intent in relation to the major ideas
covered by the specific statute. Although on its own it cannot convey the final meaning
of the text, it may be used for interpreting laws because the text as a whole should be
understood in its context. The National Youth Commission Act's Preamble begins with;
“SINCE it is necessary to create a united, non-racial, non-sexist and prosperous society,
in which the youth of South Africa shall promote national reconciliation and unity, build a
new patriotism and foster peace, justice and a human rights culture…..
, 65166957 N Sukdeo IOS2601 719782 Due: 18/08/2022
AND SINCE it is necessary to redress the imbalances of the past and to create a
national youth policy aimed at empowering the youth and allowing them to realise their
full potential through optimal access to opportunities”
The long title
Gives a brief explanation of the topic and is a component of the statute that the
legislature will be considering during the legislative process. The act's lengthy title
begins with;
“To provide for the establishment, constitution, objects and functions of a National Youth
Commission; and to provide for matters connected therewith”
The legislative text in other official languages
Legislation in South Africa was produced in two official languages before the start of the
interim Constitution, and the text in the other language was utilised to clarify any
ambiguities.
(c )
“To provide for the establishment, constitution, objects and functions of a National Youth
Commission; and to provide for matters connected therewith”
The long title is used by the court to interpret certain provisions of the statute. It assists
in eliminating ambiguity and confusion and not in giving conclusive aid in interpreting
the provisions of the statute. It is relied upon as a guide to decide the scope of the act. it
contains a short description of the contents of the act and forms part of the legislation.
Its utility will depend on the information it holds. In Bhyat v Commissioner for
Immigration it was decided that it may be considered to establish the purpose of the
legislation.
QUESTION 2
A statutory provision that demands strict adherence is considered to be peremptory
(obligatory or required), and failure to abide by one renders the act or conduct void.
While a statutory provision that only requires considerable compliance is just directive,
and failure to abide (or only defective or partial compliance) won't render the resulting
act void; in other words, exact compliance is not necessary.
The court determined that there was substantial compliance with the clause in
Commercial Union Assurance Co v. Clarke. As long as the provision's goal has been
met- it was not required to adhere to the rules to the last detail. In the above-mentioned
