FIRST SEMESTER: ASSIGNMENT 02 |2020
Question 1
In terms of section 172 of the Constitution, the following courts may declare legislation
unconstitutional:
(1) The High Court, Supreme Court of Appeal or the Magistrate’s Court
(2) The High Court, Supreme Court of Appeal or the Constitutional Court
(3) The High Court, Supreme Court of Appeal or the Chief’s Court
(4) The High Court, Supreme Court of Appeal or the Small Claims Court
Question 2
Promulgation refers to ...
(1) where the purpose of the legislation is determined by studying all the factors and considerations that
may have a bearing on the particular legislation.
(2) the process by which the judiciary may modify or adapt the ordinary meaning of a legislative
provision in such a way that it conforms to the purpose of the legislation.
(3) construing enacted law-texts with reference to and reliance on other law-texts, concretising the text
to be construed so as to cater for the exigencies of an actual or hypothesised concrete situation.
(4) the process by which legislation commences and is formally put into operation.
Question 3
Traditionally, the South African rules of statutory interpretation were based on…?
(1) a supreme constitution.
(2) sovereignty of parliament.
(3) fundamental values.
(4) legal maxims.
Question 4
Fill in the missing words. According to your prescribed textbook, the various dimensions of the
“practical inclusive method of interpretation” include the language or grammatical aspect, the
systematic aspect, the ……………….. aspect, the historical aspect and the ……………. aspect.
(1) value-based or teleological; comparative
,(2) contextual; textual
(3) peremptory; directory
(4) internal, external
Question 5
In terms of one of the five interrelated dimensions of interpretation, the initial meaning of the text
entails that ...
(1) words with a technical meaning must be given that specialised meaning.
(2) an extraordinary meaning must be attached to the words.
(3) the interpretation process ends with the reading of the legislation concerned.
(4) words must be given their ordinary, inaccurate meaning.
Question 6
In the case of ....................... the court acknowledged the unqualified application of the Constitution’s
preamble.
(1) Public Carriers Association v Toll Road Concessionaries (Pty) Ltd 1990 (1) SA 925 (A)
(2) Qozeleni v Minister of Law and Order 1994 (3) SA 625 (E)
(3) Brown v Cape Divisional Council 1979 (1) SA 589 (A)
(4) Chotabhai v Union Government 1911 AD 24
Question 7
In which case was the following held: “the court emphasised that these categories are merely
guidelines, what is important is the purpose of the provisions in question, as well as the consequences
if the statutory requirements are not strictly adhered to”?
(1) Commercial Union Insurance Co v Clarke 1972 (3) SA 508 (A)
(2) Weenen Transitional Council v Van Dyk 2002 (4) SA 653 (SCA)
(3) Nkisimane v Santam Insurance Co Ltd 1978 (2) SA 430 (A)
(4) Sentrale Kunsmis Korporasie (Edms) Bpk v NKP Kunsmisverspreiders (Edms) Bpk 1970 SA 360 (A)
,Question 8
Which one of the factors listed below supports judicial law-making?
(1) penal provisions or restrictive provisions in the legislation, as well as the presumption against
infringement of existing rights.
(2) the common-law presumption that the legislature does not intend futile meaningless and nugatory
legislation.
(3) the principle of separation of powers.
(4) the principle of legality.
Question 9
In Carmichele v Minister of Safety and Security 2001 (4) SA 938 (CC) the Constitutional Court stressed
that a court is obliged to…
(1) develop the common law in the light of the Constitution.
(2) allow legislation to trump common law as is usually the practice.
(3) allow common law and legislation to operate side by side.
(4) develop common law in the light of applicable legislation.
Question 10
Du Plessis explains interpretation of statute as……………..
(1) a mechanical exercise during which predetermined formulae, well known maxims and careful
reading will reveal the meaning of the legislative provision.
(2) a process where technical aspects, e.g. structure of legislation is separated from the application of
substantive aspects e.g. fundamental rights in the Constitution.
(3) a construction of enacted law-texts with reference to and reliance on other law-texts, concretizing
the text to be construed so as to cater for the exigencies of an actual or hypothesized concrete situation.
(4) a mechanical sequence of join-the-dots or painting-by-number
, SECOND SEMESTER: ASSIGNMENT 02 |2020
Question 1
Traditionally, the South African rules of statutory interpretation were based on…?
(1) a supreme constitution.
(2) sovereignty of parliament.
(3) fundamental values.
(4) legal maxims.
Question 2
If an Act was tabled on 17 January, agreed to by the parliament on 18 January, signed by the president
on 25 January and published in the Government Gazette on 30 January, what would the date of
promulgation be?
(1) 17 January.
(2) 18 January.
(3) 25 January.
(4) 30 January.
Question 3
The eiusdem generis rule can be applied where..
(1) the specific words have already exhausted the genus.
(2) there is a common quality or common denominator.
(3) the legislature’s intention does not support restrictive interpretation.
(4) the order in which the words appear is of high importance.
Question 4
In S v A Juvenile 1990(4) SA 151 (ZSC) the court remarked that the Constitution….
(1) must be interpreted in the context and setting existing at the time when the case is heard, and not
when it was passed, otherwise the growth of society will not be taken into account.
(2) is now the frame of reference within which everything must function, and against which all actions
must be tested.
Question 1
In terms of section 172 of the Constitution, the following courts may declare legislation
unconstitutional:
(1) The High Court, Supreme Court of Appeal or the Magistrate’s Court
(2) The High Court, Supreme Court of Appeal or the Constitutional Court
(3) The High Court, Supreme Court of Appeal or the Chief’s Court
(4) The High Court, Supreme Court of Appeal or the Small Claims Court
Question 2
Promulgation refers to ...
(1) where the purpose of the legislation is determined by studying all the factors and considerations that
may have a bearing on the particular legislation.
(2) the process by which the judiciary may modify or adapt the ordinary meaning of a legislative
provision in such a way that it conforms to the purpose of the legislation.
(3) construing enacted law-texts with reference to and reliance on other law-texts, concretising the text
to be construed so as to cater for the exigencies of an actual or hypothesised concrete situation.
(4) the process by which legislation commences and is formally put into operation.
Question 3
Traditionally, the South African rules of statutory interpretation were based on…?
(1) a supreme constitution.
(2) sovereignty of parliament.
(3) fundamental values.
(4) legal maxims.
Question 4
Fill in the missing words. According to your prescribed textbook, the various dimensions of the
“practical inclusive method of interpretation” include the language or grammatical aspect, the
systematic aspect, the ……………….. aspect, the historical aspect and the ……………. aspect.
(1) value-based or teleological; comparative
,(2) contextual; textual
(3) peremptory; directory
(4) internal, external
Question 5
In terms of one of the five interrelated dimensions of interpretation, the initial meaning of the text
entails that ...
(1) words with a technical meaning must be given that specialised meaning.
(2) an extraordinary meaning must be attached to the words.
(3) the interpretation process ends with the reading of the legislation concerned.
(4) words must be given their ordinary, inaccurate meaning.
Question 6
In the case of ....................... the court acknowledged the unqualified application of the Constitution’s
preamble.
(1) Public Carriers Association v Toll Road Concessionaries (Pty) Ltd 1990 (1) SA 925 (A)
(2) Qozeleni v Minister of Law and Order 1994 (3) SA 625 (E)
(3) Brown v Cape Divisional Council 1979 (1) SA 589 (A)
(4) Chotabhai v Union Government 1911 AD 24
Question 7
In which case was the following held: “the court emphasised that these categories are merely
guidelines, what is important is the purpose of the provisions in question, as well as the consequences
if the statutory requirements are not strictly adhered to”?
(1) Commercial Union Insurance Co v Clarke 1972 (3) SA 508 (A)
(2) Weenen Transitional Council v Van Dyk 2002 (4) SA 653 (SCA)
(3) Nkisimane v Santam Insurance Co Ltd 1978 (2) SA 430 (A)
(4) Sentrale Kunsmis Korporasie (Edms) Bpk v NKP Kunsmisverspreiders (Edms) Bpk 1970 SA 360 (A)
,Question 8
Which one of the factors listed below supports judicial law-making?
(1) penal provisions or restrictive provisions in the legislation, as well as the presumption against
infringement of existing rights.
(2) the common-law presumption that the legislature does not intend futile meaningless and nugatory
legislation.
(3) the principle of separation of powers.
(4) the principle of legality.
Question 9
In Carmichele v Minister of Safety and Security 2001 (4) SA 938 (CC) the Constitutional Court stressed
that a court is obliged to…
(1) develop the common law in the light of the Constitution.
(2) allow legislation to trump common law as is usually the practice.
(3) allow common law and legislation to operate side by side.
(4) develop common law in the light of applicable legislation.
Question 10
Du Plessis explains interpretation of statute as……………..
(1) a mechanical exercise during which predetermined formulae, well known maxims and careful
reading will reveal the meaning of the legislative provision.
(2) a process where technical aspects, e.g. structure of legislation is separated from the application of
substantive aspects e.g. fundamental rights in the Constitution.
(3) a construction of enacted law-texts with reference to and reliance on other law-texts, concretizing
the text to be construed so as to cater for the exigencies of an actual or hypothesized concrete situation.
(4) a mechanical sequence of join-the-dots or painting-by-number
, SECOND SEMESTER: ASSIGNMENT 02 |2020
Question 1
Traditionally, the South African rules of statutory interpretation were based on…?
(1) a supreme constitution.
(2) sovereignty of parliament.
(3) fundamental values.
(4) legal maxims.
Question 2
If an Act was tabled on 17 January, agreed to by the parliament on 18 January, signed by the president
on 25 January and published in the Government Gazette on 30 January, what would the date of
promulgation be?
(1) 17 January.
(2) 18 January.
(3) 25 January.
(4) 30 January.
Question 3
The eiusdem generis rule can be applied where..
(1) the specific words have already exhausted the genus.
(2) there is a common quality or common denominator.
(3) the legislature’s intention does not support restrictive interpretation.
(4) the order in which the words appear is of high importance.
Question 4
In S v A Juvenile 1990(4) SA 151 (ZSC) the court remarked that the Constitution….
(1) must be interpreted in the context and setting existing at the time when the case is heard, and not
when it was passed, otherwise the growth of society will not be taken into account.
(2) is now the frame of reference within which everything must function, and against which all actions
must be tested.
