IOS2601
Assignment 1
Semester 1 – 2024
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? (5)
Adoption of legislation 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 the committee stages, voting and
assent.
(The constitutional procedures to be followed in adopting Acts of Parliament and
provincial Acts are found in Chapters 4 and 6 of the Constitution.) Once
Parliament has passed or adopted a Bill, the Act then has to be assented to and
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 assented to and signed, such an Act
(parliamentary or provincial) becomes law (ss 81 and 123 of the Constitution).
Commencement means the day on which that law comes or came into
operation, and that day shall be the day when the law was first published in the
Gazette as a law.
Assignment 1
Semester 1 – 2024
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? (5)
Adoption of legislation 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 the committee stages, voting and
assent.
(The constitutional procedures to be followed in adopting Acts of Parliament and
provincial Acts are found in Chapters 4 and 6 of the Constitution.) Once
Parliament has passed or adopted a Bill, the Act then has to be assented to and
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 assented to and signed, such an Act
(parliamentary or provincial) becomes law (ss 81 and 123 of the Constitution).
Commencement means the day on which that law comes or came into
operation, and that day shall be the day when the law was first published in the
Gazette as a law.
