Assignment 2
SEMESTER 2 2023
IOS2601
INTERPRETATION OF STATUTES
, ASSIGNMENT 01
The Jaga v Dönges 1950 (4) SA 653 (A), which was delivered at the height of
apartheid, remains important for the interpretation of statutes after the
democratic transformation. Kindly read the case and answer the following
questions.
(a) BRIEFLY PROVIDE facts of the Jaga case. (6)
The case of Jaga v Dönges (1950) is a significant landmark in South African legal
history. It involves an Indian woman named Jaga who was unlawfully detained by the
police under the Asiatic Land Tenure and Indian Representation Act of 1946. This Act
was one of the many apartheid-era laws that aimed to segregate and control the
movement and rights of people based on their race.
Jaga's detention took place during the height of apartheid, a period characterized by
systemic racial discrimination and oppression in South Africa. The Act was part of the
apartheid legal framework designed to enforce racial segregation and preserve white
minority rule.
In response to her unlawful detention, Jaga brought a legal challenge before the
courts, arguing that her arrest and detention were arbitrary, discriminatory, and in
violation of her constitutional rights. She sought to challenge the constitutionality of
the Act and its application to her situation.
The case was brought before the Appellate Division of the Supreme Court (now the
Supreme Court of Appeal), and it addressed significant questions about the
interpretation of statutes, the role of the judiciary in challenging unjust laws, and the
protection of fundamental rights under the apartheid legal system.
The majority of the court, however, upheld the validity of the Act and dismissed
Jaga's claim. The majority followed a strict literal interpretation of the statute,
focusing solely on the language of the Act and disregarding its discriminatory and
unjust effects on Jaga's rights. They held that the Act was constitutional and that its
application to Jaga was lawful.
SEMESTER 2 2023
IOS2601
INTERPRETATION OF STATUTES
, ASSIGNMENT 01
The Jaga v Dönges 1950 (4) SA 653 (A), which was delivered at the height of
apartheid, remains important for the interpretation of statutes after the
democratic transformation. Kindly read the case and answer the following
questions.
(a) BRIEFLY PROVIDE facts of the Jaga case. (6)
The case of Jaga v Dönges (1950) is a significant landmark in South African legal
history. It involves an Indian woman named Jaga who was unlawfully detained by the
police under the Asiatic Land Tenure and Indian Representation Act of 1946. This Act
was one of the many apartheid-era laws that aimed to segregate and control the
movement and rights of people based on their race.
Jaga's detention took place during the height of apartheid, a period characterized by
systemic racial discrimination and oppression in South Africa. The Act was part of the
apartheid legal framework designed to enforce racial segregation and preserve white
minority rule.
In response to her unlawful detention, Jaga brought a legal challenge before the
courts, arguing that her arrest and detention were arbitrary, discriminatory, and in
violation of her constitutional rights. She sought to challenge the constitutionality of
the Act and its application to her situation.
The case was brought before the Appellate Division of the Supreme Court (now the
Supreme Court of Appeal), and it addressed significant questions about the
interpretation of statutes, the role of the judiciary in challenging unjust laws, and the
protection of fundamental rights under the apartheid legal system.
The majority of the court, however, upheld the validity of the Act and dismissed
Jaga's claim. The majority followed a strict literal interpretation of the statute,
focusing solely on the language of the Act and disregarding its discriminatory and
unjust effects on Jaga's rights. They held that the Act was constitutional and that its
application to Jaga was lawful.
