, IOS2601 Assignment 2
Semester 2 2025
DUE 10 September 2025
Use this document as a guide and for references to answer your assignment
The Jaga v Dönges 1950 (4) SA 653 (A), which was delivered at the height of apartheid,
remains important for the interpretation of statutes after the democratic
transformation. Kindly read the case and answer the following questions.
(a) Facts of the Jaga v Dönges case (6 marks)
The case of Jaga v Dönges, NO and Another 1950 (4) SA 653 (A) dealt with the
deportation of a non-citizen under the Aliens Act 1 of 1937. Mr. Jaga, who was of
Indian origin, had been declared a “prohibited immigrant” by the Minister and
ordered to be deported. He challenged the deportation order, arguing that the
statutory provision relied upon did not apply to him. The dispute centered on how
the Act should be interpreted: whether courts should rely on the literal meaning of
the words of the statute, or whether they should also consider the wider context and
purpose of the legislation. The Appellate Division was split: the majority applied
the literal approach, while the minority emphasised the importance of context and
purpose.
(b) Dominant interpretive approach before 1994 (Majority in Jaga)
Before 1994, South African courts mainly followed the literal (or textual)
approach to statutory interpretation. This was the method used by the majority in
Jaga.
Core principles:
o The point of departure was always the “plain meaning” of the statutory
wording.
o If the words of a statute were clear, the court would not go beyond
them to investigate the purpose or background of the law.
o Context and purpose were only considered when there was ambiguity
or absurdity.
Semester 2 2025
DUE 10 September 2025
Use this document as a guide and for references to answer your assignment
The Jaga v Dönges 1950 (4) SA 653 (A), which was delivered at the height of apartheid,
remains important for the interpretation of statutes after the democratic
transformation. Kindly read the case and answer the following questions.
(a) Facts of the Jaga v Dönges case (6 marks)
The case of Jaga v Dönges, NO and Another 1950 (4) SA 653 (A) dealt with the
deportation of a non-citizen under the Aliens Act 1 of 1937. Mr. Jaga, who was of
Indian origin, had been declared a “prohibited immigrant” by the Minister and
ordered to be deported. He challenged the deportation order, arguing that the
statutory provision relied upon did not apply to him. The dispute centered on how
the Act should be interpreted: whether courts should rely on the literal meaning of
the words of the statute, or whether they should also consider the wider context and
purpose of the legislation. The Appellate Division was split: the majority applied
the literal approach, while the minority emphasised the importance of context and
purpose.
(b) Dominant interpretive approach before 1994 (Majority in Jaga)
Before 1994, South African courts mainly followed the literal (or textual)
approach to statutory interpretation. This was the method used by the majority in
Jaga.
Core principles:
o The point of departure was always the “plain meaning” of the statutory
wording.
o If the words of a statute were clear, the court would not go beyond
them to investigate the purpose or background of the law.
o Context and purpose were only considered when there was ambiguity
or absurdity.
