IOS2601
EXAM 2022
Guiding you towards Academic Excellence
, IOS2601 EXAM 2022
1. In R v Mazibuko 1958 (4) SA 353 (A)?
a. The court relied on the common law rule that if there is a difference in penalties
between the date of the crime and the date of the trial, the date of the trial will be
decisive.
b. The appellant relied on the principle that harsher penalty could only have been
imposed in respect of crimes that committed before the amendment came into
effect.
c. The court found that if the penalty provided for in an Act is increased by an amending
Act, the presumption against retrospectivity applies.
d. The appellant appealed against a sentence of life imprisonment imposed for robbery.
2. In which one of the following instances will the principle that legislation only
applies to the future not apply?
a. When legislation changes procedure.
b. Denies a benefit to an accused.
c. When legislation does not change procedure.
d. When legislation deals with the limitation clause of section 36 of the Constitution.
3. In which case were the techniques for interpretation of statutes identified, with
the exception of comparative interpretation?
a. Sigcau v Sigcau 1941 CPD 334
b. Daniel v Campbell 2004 (5) SA 331 (CC)
c. Fouri v Minister of Home Affairs 2005 (3) SA 429 (SCA)
d. Minister v Land Affairs v Slamdien 1999 (4) BCLR (LCC) 422 para 17
4. In which case did King J make the remark ‘an Act of parliament creates law but
not necessarily equity. As a Judge in a Court of law I am obliged to give effect to
the provisions of an Act of parliament. Speaking for myself and if I were sitting as
court of equity, I would have come to the assistance of the appellant.
Unfortunately, and on an intellectually honest approach I am compelled to
conclude that the appeal must fall’?
a. S v Mujee 1981 (3) SA 800 (Z)
EXAM 2022
Guiding you towards Academic Excellence
, IOS2601 EXAM 2022
1. In R v Mazibuko 1958 (4) SA 353 (A)?
a. The court relied on the common law rule that if there is a difference in penalties
between the date of the crime and the date of the trial, the date of the trial will be
decisive.
b. The appellant relied on the principle that harsher penalty could only have been
imposed in respect of crimes that committed before the amendment came into
effect.
c. The court found that if the penalty provided for in an Act is increased by an amending
Act, the presumption against retrospectivity applies.
d. The appellant appealed against a sentence of life imprisonment imposed for robbery.
2. In which one of the following instances will the principle that legislation only
applies to the future not apply?
a. When legislation changes procedure.
b. Denies a benefit to an accused.
c. When legislation does not change procedure.
d. When legislation deals with the limitation clause of section 36 of the Constitution.
3. In which case were the techniques for interpretation of statutes identified, with
the exception of comparative interpretation?
a. Sigcau v Sigcau 1941 CPD 334
b. Daniel v Campbell 2004 (5) SA 331 (CC)
c. Fouri v Minister of Home Affairs 2005 (3) SA 429 (SCA)
d. Minister v Land Affairs v Slamdien 1999 (4) BCLR (LCC) 422 para 17
4. In which case did King J make the remark ‘an Act of parliament creates law but
not necessarily equity. As a Judge in a Court of law I am obliged to give effect to
the provisions of an Act of parliament. Speaking for myself and if I were sitting as
court of equity, I would have come to the assistance of the appellant.
Unfortunately, and on an intellectually honest approach I am compelled to
conclude that the appeal must fall’?
a. S v Mujee 1981 (3) SA 800 (Z)
