, IOS2601 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025- DUE August 2025; 100% correct
solutions and explanations.
(a) Facts of the Jaga v Dönges 1950 (4) SA 653 (A)
The case concerned the interpretation of an apartheid-era statute
regulating the presence of “undesirable persons” in South Africa.
Mr. Jaga, an Indian national, was convicted of theft and sentenced to
imprisonment. After serving his sentence, he was declared a
“prohibited immigrant” under the relevant legislation. The dispute
centered on the interpretation of section 2(1) of the Aliens Act 1 of
1937, particularly whether the words “convicted in the Union”
meant that only convictions obtained in South Africa could be relied
upon, or whether foreign convictions could also apply. The key
issue was how the statute should be interpreted: strictly by its
wording (literal meaning), or more purposively in light of its context
and object.
(6 marks)
(b) Dominant interpretive approach before 1994 (Majority in
Jaga)
Before 1994, the dominant interpretive approach in South African
courts was the literal approach (also called the “grammatical” or
“textual” method). The majority in Jaga adhered to this method.
Core idea: Courts had to give words their ordinary
grammatical meaning, unless the wording was ambiguous.
Semester 2 2025- DUE August 2025; 100% correct
solutions and explanations.
(a) Facts of the Jaga v Dönges 1950 (4) SA 653 (A)
The case concerned the interpretation of an apartheid-era statute
regulating the presence of “undesirable persons” in South Africa.
Mr. Jaga, an Indian national, was convicted of theft and sentenced to
imprisonment. After serving his sentence, he was declared a
“prohibited immigrant” under the relevant legislation. The dispute
centered on the interpretation of section 2(1) of the Aliens Act 1 of
1937, particularly whether the words “convicted in the Union”
meant that only convictions obtained in South Africa could be relied
upon, or whether foreign convictions could also apply. The key
issue was how the statute should be interpreted: strictly by its
wording (literal meaning), or more purposively in light of its context
and object.
(6 marks)
(b) Dominant interpretive approach before 1994 (Majority in
Jaga)
Before 1994, the dominant interpretive approach in South African
courts was the literal approach (also called the “grammatical” or
“textual” method). The majority in Jaga adhered to this method.
Core idea: Courts had to give words their ordinary
grammatical meaning, unless the wording was ambiguous.
