IOS2601 ASSIGNMENT 1 SEMESTER 1 2023
.
, QUESTION 1
1. With specific reference to section 13(1) of the Interpretation Act 33 of
1957, what do you understand by the terms “adoption”, and
“commencement” of legislation?
In terms of section 13(1) of the Interpretation Act1, the expression
"commencement", when used in any law and with reference thereto,
means the day on which that law comes or came into operation, and that
day shall, subject to the provisions of subsection (2) and unless some
other day is fixed by or under the law for the coming into operation
thereof, be the day when the law was first published in the Gazette as a
law. In terms of section 13(2), "day" begins immediately at the end of the
previous day (i.e. immediately after midnight at 00:00). This effectively
means retrospective commencement, because by the time the Gazette is
published, the legislation would have been in force for a few hours.
Adoption of legislation by the legislative body refers to the
constitutionally prescribed and other legal processes and procedures
required for the draft legislation to become law, including preparation of a
draft bill, introduction of the Bill in the legislature, and public participation
(if required) as well as committee stages, voting and assent.
The procedure to be followed for adoption of Acts of Parliament and
Provincial Act are found in chapters 4 and 6 of the Constitution2.
2. List and briefly discuss the requirements which were laid down in
National Coalition for Gay and Lesbian Equality v Minister of Home
Affairs 2000 (2) SA 1 (CC), before reading-in or severance could take
place.
The Constitutional Court laid down the principles to be considered before
‘reading in’ is applied. Reading-in is a more drastic remedy used by the
courts to change legislation in order to keep it constitutional. In
exceptional circumstances the court
1
Interpretation Act 33 of 1957
2
Constitution of the Republic of South Africa, 1996
.
, QUESTION 1
1. With specific reference to section 13(1) of the Interpretation Act 33 of
1957, what do you understand by the terms “adoption”, and
“commencement” of legislation?
In terms of section 13(1) of the Interpretation Act1, the expression
"commencement", when used in any law and with reference thereto,
means the day on which that law comes or came into operation, and that
day shall, subject to the provisions of subsection (2) and unless some
other day is fixed by or under the law for the coming into operation
thereof, be the day when the law was first published in the Gazette as a
law. In terms of section 13(2), "day" begins immediately at the end of the
previous day (i.e. immediately after midnight at 00:00). This effectively
means retrospective commencement, because by the time the Gazette is
published, the legislation would have been in force for a few hours.
Adoption of legislation by the legislative body refers to the
constitutionally prescribed and other legal processes and procedures
required for the draft legislation to become law, including preparation of a
draft bill, introduction of the Bill in the legislature, and public participation
(if required) as well as committee stages, voting and assent.
The procedure to be followed for adoption of Acts of Parliament and
Provincial Act are found in chapters 4 and 6 of the Constitution2.
2. List and briefly discuss the requirements which were laid down in
National Coalition for Gay and Lesbian Equality v Minister of Home
Affairs 2000 (2) SA 1 (CC), before reading-in or severance could take
place.
The Constitutional Court laid down the principles to be considered before
‘reading in’ is applied. Reading-in is a more drastic remedy used by the
courts to change legislation in order to keep it constitutional. In
exceptional circumstances the court
1
Interpretation Act 33 of 1957
2
Constitution of the Republic of South Africa, 1996
