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IOS2601 OCT / NOV 2020 MCQ EXAM PREPARATION
2020 MAY/JUNE EXAM
Question 1.1 (2)
In National Coalition for Gay and Lesbian Equality v Minister of Home Affair 2000 (2) S
A 1 (CC) the Constitutional Court laid down a number of principles to be considered and
followed before reading in or severance is applied. One of the statements below is
NOT a principle laid down by the court with regard to reading in or severance.
(1) the Courts must be able to define with sufficient precision how the legislative
meaning ought to be modified to comply with the Constitution.
(2) the Court should endeavor to be as faithful as possible to the legitimate scheme
within the constraints of the relevant legislation.
(3) the results of reading in/severance/reading up must be inconsistent with the
Constitution and its values.
(4) the remedy of reading in ought not to be granted where this would result in an
unsupportable budgetary intrusion.
1|Page
,Question 1.2 (2)
Section 13 of the Interpretation Act 33 of 1957 states that legislation may commence…
(1) when it is published in the Government Gazette or on a date specified in the
legislation or on an unspecified date still to be proclaimed by the President or the
Premier of a province.
(2) when it is published in the Government Gazette or on a date specified in the
legislation or when it is published in a national newspaper.
(3) when it is published in the Government Gazette or on an unspecified date still to be
proclaimed by the Minister of Justice and Constitutional Development.
(4) when it is published in the Government Gazette or on a date specified in the
legislation or at the time when it becomes known throughout the country through mass
information campaigns/sessions.
Question 1.3 (2)
When interpreting a piece of legislation, external aids are used. Which of the aids
mentioned below is NOT an external aid of interpretation?
(1) Debates during legislative process
(2) Preceding discussions
(3) Dictionaries and linguistic evidence
(4) The preamble of the act (It is an internal aid of interpretation)
Question 1.4 (2)
A peremptory statutory provision ...
(1) requires some compliance.
(2) may be complied with.
(3) requires exact compliance.
(4) may be deviated from.
2|Page
,Question 1.5 (2)
What does the term “reading-down” by the courts entail?
(1) The courts follow a restricted interpretation of the legislation in cases when there are
conflicts with the Constitution, but such a restrictive interpretation keeps the legislation
constitutional.
(2) Reading-down takes place when there is more than one possible reading of the
legislative text, and a more extensive reading is adopted in order to keep the legislation
in question constitutional.
(3) A more drastic remedy used by the courts in order to change legislation to keep it
unconstitutional.
(4) The courts follow an expansive interpretation of the legislation in cases when there
are conflicts with the Constitution, but such an expansive interpretation keeps the
legislation constitutional.
Question 1.6 (2)
According to the practical inclusive method of interpretation, teleological interpretation
…
(1) considers the circumstances which gave rise to the adoption of the legislation and
the legislative history (prior legislation and preceding discussions).
(2) is a value-coherent interpretation where the aim and purpose of the legislation must
be ascertained against the fundamental constitutional values.
(3) refers to the process during which the court examines the interpretation of similar
legislation by foreign courts, as well as international law.
(4) is concerned with the clarification of the meaning of a particular legislative provision
in relation to the legislative text as a whole.
See Botha C Statutory interpretation: an introduction for students (2012)108, paragraph
5.3.4.
3|Page
, Question 1.7 (2)
Indicate which statement is INCORRECT: According to Botha, the following principles
govern conflicts arising between signed and unsigned legislation:
(1) The unsigned version of the legislative text may never be used to determine the
intention of the legislature.
(2) The signed version is conclusive only when there is an irreconcilable conflict
between the versions.
(3) If the one version of the text is wider than the other, then the common- denominator
rule is followed.
(4) If the versions differ but there is no conflict, the versions complement one another
and they have to be read together.
See Botha C Statutory interpretation: an introduction for students (2012), paragraph
6.2.4
Question 1.8 (2)
Repeal of legislation refers to …
(1) the formal process whereby the legislation is deleted/removed from the statute book.
(2) the process whereby legislation is declared to be legally unacceptable.
(3) legislation being invalidated by the courts on legal grounds.
(4) a mechanical exercise where legislation which is no longer in use is ignored.
See paragraph 4.3.2 of your prescribed textbook.
Question 1.9 (2)
Fill in the missing case name: In … the Constitutional Court confirmed that the adoption
of the purposive approach in our law has rendered obsolete all the previous attempts to
determine whether a statutory provision is directory or peremptory on the basis of the
wording and subject of the text of the provision.
(1) S v Jordan 2002 (6) SA 642 (CC)
(2) S v Zuma 1995 (2) SA 642 (CC)
(3) African Christian Democratic Party v Electoral Commission 2006 (3) SA 305 (CC)
4|Page
IOS2601 OCT / NOV 2020 MCQ EXAM PREPARATION
2020 MAY/JUNE EXAM
Question 1.1 (2)
In National Coalition for Gay and Lesbian Equality v Minister of Home Affair 2000 (2) S
A 1 (CC) the Constitutional Court laid down a number of principles to be considered and
followed before reading in or severance is applied. One of the statements below is
NOT a principle laid down by the court with regard to reading in or severance.
(1) the Courts must be able to define with sufficient precision how the legislative
meaning ought to be modified to comply with the Constitution.
(2) the Court should endeavor to be as faithful as possible to the legitimate scheme
within the constraints of the relevant legislation.
(3) the results of reading in/severance/reading up must be inconsistent with the
Constitution and its values.
(4) the remedy of reading in ought not to be granted where this would result in an
unsupportable budgetary intrusion.
1|Page
,Question 1.2 (2)
Section 13 of the Interpretation Act 33 of 1957 states that legislation may commence…
(1) when it is published in the Government Gazette or on a date specified in the
legislation or on an unspecified date still to be proclaimed by the President or the
Premier of a province.
(2) when it is published in the Government Gazette or on a date specified in the
legislation or when it is published in a national newspaper.
(3) when it is published in the Government Gazette or on an unspecified date still to be
proclaimed by the Minister of Justice and Constitutional Development.
(4) when it is published in the Government Gazette or on a date specified in the
legislation or at the time when it becomes known throughout the country through mass
information campaigns/sessions.
Question 1.3 (2)
When interpreting a piece of legislation, external aids are used. Which of the aids
mentioned below is NOT an external aid of interpretation?
(1) Debates during legislative process
(2) Preceding discussions
(3) Dictionaries and linguistic evidence
(4) The preamble of the act (It is an internal aid of interpretation)
Question 1.4 (2)
A peremptory statutory provision ...
(1) requires some compliance.
(2) may be complied with.
(3) requires exact compliance.
(4) may be deviated from.
2|Page
,Question 1.5 (2)
What does the term “reading-down” by the courts entail?
(1) The courts follow a restricted interpretation of the legislation in cases when there are
conflicts with the Constitution, but such a restrictive interpretation keeps the legislation
constitutional.
(2) Reading-down takes place when there is more than one possible reading of the
legislative text, and a more extensive reading is adopted in order to keep the legislation
in question constitutional.
(3) A more drastic remedy used by the courts in order to change legislation to keep it
unconstitutional.
(4) The courts follow an expansive interpretation of the legislation in cases when there
are conflicts with the Constitution, but such an expansive interpretation keeps the
legislation constitutional.
Question 1.6 (2)
According to the practical inclusive method of interpretation, teleological interpretation
…
(1) considers the circumstances which gave rise to the adoption of the legislation and
the legislative history (prior legislation and preceding discussions).
(2) is a value-coherent interpretation where the aim and purpose of the legislation must
be ascertained against the fundamental constitutional values.
(3) refers to the process during which the court examines the interpretation of similar
legislation by foreign courts, as well as international law.
(4) is concerned with the clarification of the meaning of a particular legislative provision
in relation to the legislative text as a whole.
See Botha C Statutory interpretation: an introduction for students (2012)108, paragraph
5.3.4.
3|Page
, Question 1.7 (2)
Indicate which statement is INCORRECT: According to Botha, the following principles
govern conflicts arising between signed and unsigned legislation:
(1) The unsigned version of the legislative text may never be used to determine the
intention of the legislature.
(2) The signed version is conclusive only when there is an irreconcilable conflict
between the versions.
(3) If the one version of the text is wider than the other, then the common- denominator
rule is followed.
(4) If the versions differ but there is no conflict, the versions complement one another
and they have to be read together.
See Botha C Statutory interpretation: an introduction for students (2012), paragraph
6.2.4
Question 1.8 (2)
Repeal of legislation refers to …
(1) the formal process whereby the legislation is deleted/removed from the statute book.
(2) the process whereby legislation is declared to be legally unacceptable.
(3) legislation being invalidated by the courts on legal grounds.
(4) a mechanical exercise where legislation which is no longer in use is ignored.
See paragraph 4.3.2 of your prescribed textbook.
Question 1.9 (2)
Fill in the missing case name: In … the Constitutional Court confirmed that the adoption
of the purposive approach in our law has rendered obsolete all the previous attempts to
determine whether a statutory provision is directory or peremptory on the basis of the
wording and subject of the text of the provision.
(1) S v Jordan 2002 (6) SA 642 (CC)
(2) S v Zuma 1995 (2) SA 642 (CC)
(3) African Christian Democratic Party v Electoral Commission 2006 (3) SA 305 (CC)
4|Page
