PBL
PBL: CHAPTER 8 – THE FOUNDING PROVISIONS, BASIC LEGAL ORDER, AND SYMBOLS OF
STATE
Preamble
Chapter 1 of the consti:
Section 1 = founding values
Section 2 = supremacy of the consti
Section 3 = protection of citizenship
Section 4 = national anthem
Section 5 = the SA national flag
Section 6 = official languages
The legal system of the state
• Every state has its own legal rules and legal system. This is bc every state has
different social, economic, religious, and political views and needs
• Some states (e.g. SA) have sub-legal systems, which depend on the different levels of
gov that exist
o SA has 3 levels/spheres of gov which results in a legal system on a national
level and sub-legal systems at a provincial and local level
The preamble to normal statutes:
• Introduces the statute and gives a summary of the purposes of the statute
• States the circumstances of, the background to, and the reasons for the legislation
• Not binding
• Interpretative tool: can be used as an aid to the interpretation of vague and
ambiguous provisions and to limit the meaning of general concepts
• Not all legi has a preamble
The preamble of the SA constitution
• *The preamble and founding provisions of the SA consti are very important
o Provides the foundation for the SA constitutional legal order
o Lays down the goals of the state and objectives/aims of the consti
o A tool that plays an important role in the interpretation and application of
the consti
• *Interpretative significance of the preamble:
o S v Mhlungu: the provisions of the consti must be interpreted and applied
within the context of the preamble and not only in cases of vague or
1
Intellectual property of CAITLIN LEAHY © - do not illegally distribute
PBL: CHAPTER 8 – THE FOUNDING PROVISIONS, BASIC LEGAL ORDER, AND SYMBOLS OF
STATE
Preamble
Chapter 1 of the consti:
Section 1 = founding values
Section 2 = supremacy of the consti
Section 3 = protection of citizenship
Section 4 = national anthem
Section 5 = the SA national flag
Section 6 = official languages
The legal system of the state
• Every state has its own legal rules and legal system. This is bc every state has
different social, economic, religious, and political views and needs
• Some states (e.g. SA) have sub-legal systems, which depend on the different levels of
gov that exist
o SA has 3 levels/spheres of gov which results in a legal system on a national
level and sub-legal systems at a provincial and local level
The preamble to normal statutes:
• Introduces the statute and gives a summary of the purposes of the statute
• States the circumstances of, the background to, and the reasons for the legislation
• Not binding
• Interpretative tool: can be used as an aid to the interpretation of vague and
ambiguous provisions and to limit the meaning of general concepts
• Not all legi has a preamble
The preamble of the SA constitution
• *The preamble and founding provisions of the SA consti are very important
o Provides the foundation for the SA constitutional legal order
o Lays down the goals of the state and objectives/aims of the consti
o A tool that plays an important role in the interpretation and application of
the consti
• *Interpretative significance of the preamble:
o S v Mhlungu: the provisions of the consti must be interpreted and applied
within the context of the preamble and not only in cases of vague or
1
Intellectual property of CAITLIN LEAHY © - do not illegally distribute
