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Interpretation of statutes (IOS2601) Assignment 01EXTENDED due date 17 April 2025

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This assignment explores the key concepts and principles of statutory interpretation, with a focus on the South African context. The discussion covers various aspects of statutory interpretation, including the impact of the Constitution, methods of computation of time, and the role of internal aids in determining the purpose of legislation. Topics Covered 1. *Impact of Article 39(2) of the Constitution*: The discussion examines the effect of this provision on statutory interpretation, highlighting the shift from a literal to a purposive approach. 2. *Methods of Computation of Time*: The ordinary civil method of computation is explained, with reference to relevant South African case law. 3. *Internal Aids in Determining the Purpose of Legislation*: The role of internal aids, such as the long title, preamble, and definitions section, is discussed in determining the purpose of legislation. 4. *Peremptory vs. Directory Provisions*: The distinction between peremptory and directory provisions is explained, with reference to relevant case law. Case Law The discussion references several key cases, including: 1. *S v Makwanyane* (1995) 2. *Investigating Directorate: Serious Economic Offences v Hyundai Motor Distributors* (2000) 3. *Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and Tourism* (2004) 4. *Hoffmann v South African Railways and Harbours* (1948) 5. *S v Mthembu* (1979) Conclusion This assignment provides an overview of the key concepts and principles of statutory interpretation in South Africa, highlighting the importance of considering the Constitution, methods of computation of time, and internal aids in determining the purpose of legislation. The discussion demonstrates the application of these principles through relevant case law.

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Interpretation of statutes (IOS2601) assignment 1



Student Name: ******* *******

Student Number: 35958893

Module code: IOS2601

Assignment: 01

Due Date: 04 April 2025

Extended due date : 17 April 2025




1

, Question 1

(A)

The National Youth Commission Act 19 of and the Interpretation Act 33 of 1957 are two
significant pieces of legislation in South Africa. Section 13 of the Interpretation Act 33 of
1957 provides insight into the commencement of Acts.

The difference between the date of assent and the date of commencement is significant
in understanding the lifecycle of a law. The date of assent, in this case, April 10, 1996,
marks the point when the President signs the bill into law, indicating their approval.
However, this does not necessarily mean that the law is immediately enforceable or in
effect.

According to Section 13 of the Interpretation Act 33 of 1957, the commencement date,
June 19, 1996, is the date when the law actually comes into operation. This allows for a
transition period, enabling relevant authorities to make necessary preparations, such as
drafting regulations, allocating resources, or establishing institutional frameworks, to
ensure the law’s effective implementation.

In essence, the date of assent signifies the law’s approval, while the date of
commencement marks the law’s actual enforcement. This distinction is crucial in
understanding the timeline of a law’s lifecycle, from its approval to its implementation, and
ensures a smooth transition into effect.



(B)

To determine the purpose of the National Youth Commission Act 19 of 1996, one should
consider internal aids within the Act itself. Here are three internal aids that can be
consulted:
Internal Aids

1. Long Title: The long title provides an overview of the Act's purpose and scope.

- Example: The long title might outline the establishment of the National Youth
Commission, its objectives, and its role in promoting youth development.

2. Preamble: The preamble sets out the context, objectives, and underlying principles of
the Act.

- Example: The preamble might highlight the need for a national youth policy, the
importance of youth development, and the role of the National Youth Commission in
addressing these issues.



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