IOS2601 MAY/JUNE 2023 Exam Answers Included, Multiple Choice Questions with Answers

Interpretation of Statute Latest EXAM PACK June 2023 IOS2601 MAY/JUNE 2023 Exam Answers Included, Multiple Choice Questions with Answers. Multiple Choice Questions Question 1 Promulgation refers to... (1) the different stages, readings and processes through which legislation has to pass before it is accepted and issued by the relevant legislative body. (2) the process by which the judiciary may modify or adapt the ordinary meaning of a legislative provision in such a way that it conforms to the purpose or aim of the legislation. (3) the process by which legislation commences and is formally put into operation. (4) the process whereby legislation which is alleged to be in conflict with the Constitution is reviewed or tested by the court. Only statement (3) is correct. See Botha C Statutory interpretation: An introduction for students (2012). Question 2 When interpreting a piece of legislation, internal aids are used. Which of the aids mentioned below is not an internal aid of interpretation? (1) The long title. (2) The definitions clause. (3) Commission reports. (4) The preamble. Only statement (3) is correct. See Botha C Statutory interpretation: An introduction for students (2012). Question 3 The following are semantic guidelines determining that a provision is directory. Identify the incorrect guideline. (1) Permissive words such as “may” indicate discretion and will be interpreted as being directory, unless the purpose of the provision indicates otherwise. (2) Positive language suggests that the word is merely directory. (3) A word or words with an imperative character indicate a directory provision. (4) If the provision is formulated in flexible and vague terms, it is an indication that it is directory. Only statement (3) is correct. See Botha C Statutory interpretation: An introduction for students (2012). Question 4 Indicate which statement is NOT correct. Followers of the contextual school claim the following: (1) The court has a creative law-making function during statutory interpretation. (2) It is the task of the court to ensure that the legislative process has a just end. (3) Only when the court applies legislation does it become a real and complete, functional statute. (4) The court should interpret legislation only within the framework of the words in the legislation. Only statement (4) is correct. See Botha C Statutory interpretation: An introduction for students (2012). Question 5 Although they are published in the Government Gazette, the following documents do not constitute legislation: (1) Legal notices, reports, draft Bills, discussion papers and proclamations. (2) Legal notices, reports, draft Bills, discussion papers and advertisements. (3) Legal notices, reports, draft Bills, discussion papers and the Constitution. (4) Legal notices, reports, draft Bills, discussion papers and regulations. Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students (2012). Question 6 If an act was tabled on 13 January, agreed to by the parliament on 14 January, signed by the president on 21 February and published in the Government Gazette on 2 March, what would the date of promulgation be? (1) 21 February. (2) 2 March. (3) 13 January. (4) 14 January. Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students (2012). Question 7 The following are guidelines to constitutional interpretation. Please state which guideline is incorrect. (1) A supreme Constitution must be given a generous and purposive interpretation. (2) The spirit and tenor of the Constitution must be adhered to during interpretation. (3) The context of the Constitution is anchored by the values in the Constitution. (4) The principles of international human rights law must be applied during interpretation. Only statement (3) is correct. See Botha C Statutory interpretation: An introduction for students (2012). Question 8 Comparative interpretation entails: (1) That the travaux preparatoires of the constitution may be consulted as an external aid, but they cannot be the deciding factor. (2) A process during which the court examines international law and the constitutional decisions of foreign courts. (3) An acknowledgement of the importance of the role of the language of the constitutional text. (4) That the values and moral standards underpinning the Constitution must be taken into account throughout. Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students (2012). Question 9 In terms of section 172 of the Constitution, the following courts may declare legislation unconstitutional: (1) a High Court, the Supreme Court of Appeal or a magistrate’s court (2) a High Court, the Supreme Court of Appeal or the Constitutional Court (3) a High Court, the Supreme Court of Appeal or a chief’s court (4) a High Court, the Supreme Court of Appeal or a small claims court Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students (2012), paragraph 4.3.1. Question 10 In the three-phase model suggested by Botha in the prescribed textbook, the research phase refers to the interpretative process during which … (1) the legislative text, the purpose and the situation are harmonised to bring the process to a meaningful conclusion. (2) the Constitution, the Bill of Rights, the ascertainment of the purpose of the legislation, the reading of the text, the common-law presumptions and the balance between text and context are all used as a point of departure. (3) the purpose of the legislation is determined by studying all the factors and considerations that may have a bearing on the particular legislation. (4) there is judicial interpretation of similar legislation by foreign courts as well as international law. Only statement (3) is correct. Question 11 Section 13 of the Interpretation Act 33 of 1957 states that legislation may commence … (1) when it is published in the Government Gazette or on a date specified in the legislation or on an unspecified date still to be proclaimed by the president or the premier of a province. (2) when it is published in the Government Gazette or on a date specified in the legislation or when it is published in a national newspaper. (3) when it is published in the Government Gazette or on an unspecified date still to be proclaimed by the Minister of Justice and Constitutional Development. (4) When it is published in the Government Gazette or on a date specified in the legislation or at the time when it becomes known throughout the country through mass information campaigns and sessions. Only statement (1) is correct. See Botha C Statutory interpretation: An introduction for students (2012), paragraph 3.2 Question 12 Adoption refers to ... (1) the process of putting legislation officially and legally into operation. (2) when legislation operates as of a time prior to its enactment, in other words, it operates backwards in time and changes the law from what it was. 3) the prescribed constitutional 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. (4) construing enacted law-texts with reference to and reliance on other law-texts concretising the text to be construed so as to cater for the exigencies of an actual or hypothesised concrete situation. Only statement (3) is correct. See Botha C Statutory interpretation: An introduction for students (2012), page 45.