2023
IOS2601(INTERPRETATION OF STATUTES)
ASSIGNMENT 1 SOLUTIONS 2023
, 1|Page
IOS 2601 ASSIGNMENT 1 2023
Question 1
Adoption: refers to the different stages, readings and processes through which the
particular legislation has to pass before it is accepted and issued by the relevant
legislative body.
(The procedures to be followed in adopting Acts of parliament and provincial Acts are
found in Chapters 4 and 6 of the Constitution.)
• When parliament has passed (adopted) a Bill, the Act then has to be signed by the
President. In the case of a Bill passed by a provincial legislature, the premier of that
province has to sign the Act. Once signed, such an Act (parliamentary or provincial)
becomes law. However, although such an Act is now legally enacted legislation it is not
yet in operation. Thus adoption according to Section 13 means when the legislation
comes into operation .Thus the President needs to sign for a legislation to come into
operation.
For legislation to become operational, it needs to be promulgated.
‘Commencement’ in terms of section 13(1) of the Interpretation Act 33 of 1957.
The expression 'commencement' when used in any law and with reference thereto,
means the day which that law comes or came into operation, and that day shall, subject
to the provisions of sub-section (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 law. In terms of Section 13(1) it commences on the date of publication in
the Gazette, This includes both the Government Gazette and the official Gazette of a
province. Section 13(2) ‘Day’ begins immediately at the end of the previous day, being at
00:00.
(2) Where any law, or any order / warrant / scheme / letters patent / rules / regulations or
by-laws made / grant or issued under the authority of a law, is expressed to come into
operation on a particular day, it shall be construed as coming into operation immediately
on the expiration of the previous day.
IOS2601(INTERPRETATION OF STATUTES)
ASSIGNMENT 1 SOLUTIONS 2023
, 1|Page
IOS 2601 ASSIGNMENT 1 2023
Question 1
Adoption: refers to the different stages, readings and processes through which the
particular legislation has to pass before it is accepted and issued by the relevant
legislative body.
(The procedures to be followed in adopting Acts of parliament and provincial Acts are
found in Chapters 4 and 6 of the Constitution.)
• When parliament has passed (adopted) a Bill, the Act then has to be signed by the
President. In the case of a Bill passed by a provincial legislature, the premier of that
province has to sign the Act. Once signed, such an Act (parliamentary or provincial)
becomes law. However, although such an Act is now legally enacted legislation it is not
yet in operation. Thus adoption according to Section 13 means when the legislation
comes into operation .Thus the President needs to sign for a legislation to come into
operation.
For legislation to become operational, it needs to be promulgated.
‘Commencement’ in terms of section 13(1) of the Interpretation Act 33 of 1957.
The expression 'commencement' when used in any law and with reference thereto,
means the day which that law comes or came into operation, and that day shall, subject
to the provisions of sub-section (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 law. In terms of Section 13(1) it commences on the date of publication in
the Gazette, This includes both the Government Gazette and the official Gazette of a
province. Section 13(2) ‘Day’ begins immediately at the end of the previous day, being at
00:00.
(2) Where any law, or any order / warrant / scheme / letters patent / rules / regulations or
by-laws made / grant or issued under the authority of a law, is expressed to come into
operation on a particular day, it shall be construed as coming into operation immediately
on the expiration of the previous day.
