IOS2601 Assignment 2 QUIZ (COMPLETE ANSWERS) Semester 2 2024 (777791)- DUE 23 August 2024

IOS2601 Assignment 2 QUIZ (COMPLETE ANSWERS) Semester 2 2024 (777791)- DUE 23 August 2024 ; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.6.7-1.7.1-1.7.3.9. Ensure your success with us.. Question 1 Complete Mark 2.00 out of 2.00 Question 2 Complete Mark 2.00 out of 2.00 QUIZ Botha is of the opinion that the interpretation process begins with the reading of the legislation concerned. In which case didthe court decide that ordinary meaning must be attached to the words? A. Union Government v Tonkin 1918 AD 533 B. Union Government v Mack 1917 AD 731 C. Principal Immigration Offi cer v Hawabu 1936 AD 26 D. Principal Immigration Offi cer v Purshotam 1928 AD 435 Delegated legislation can be invalidated by court if it does not comply with the requirement concerning vagueness provided byadministrative law. In which case did the court lay down a number of guidelines for determining vagueness in the legislation? A. MEC for Public Works, Road and Transport, Free State v Morning Star Minibus Hiring Services 2003 (4) SA 429 (O) B. Matatiele Municipality v President of the RSA 2006 (5) SA 47 (CC) C. Engelbrecht v Road Accident Fund 2007 96) SA 96 (CC) D. Sappi Fine Papers (Pty) Ltd v ICI Canada Inc 1992 (3) SA 306 (A) Grade 50.00 100%) Question 3 Complete Mark 2.00 out of 2.00 Question 4 Complete Mark 2.00 out of 2.00 Question 5 Complete Mark 0.00 out of 2.00 In _________the court reiterated that the meaning of a word cannot be determined conclusively by its dictionary meaning. A. Santam Insurance Ltd v Taylor 1985 (1) SA 514 (A) B. De Beers Industrial Diamond Division (Pty) Ltd v Ishizuka 1980 (2) SA 191 (T) C. Ex parte the Minister of Justice: In re R v Jacobson and Levy 1931 AD 466 D. S v Makhubela 1981 4 SA 210 (B) In ____________ the court stated clearly that the principle that a meaning should be assigned to every word is not absolute. A. Secretary for Inland Revenue v Somers Vine 1968 (2) SA 138 (A) B. Finbro Furnishers (Pty) Ltd v Registrar of Deeds, Bloemfontein 1985 (4) SA 773 C. Golden China TV Game Centre v Nintendo Co Ltd 1997 (1) SA 405 (A) D. Volschenk v Volschenk 1946 TPD 486 In Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs 2004 (4) SA 490 (CC) Ngcobo J remarked that? A. The starting point towards interpreting any piece of legislation is in the text. B. The starting point towards interpreting any piece of legislation is in the Constitution. C. The discretion lies with the judicial offi cer(s) to ascribe whatever meaning they want to any piece of legislation. D. The starting point towards interpreting any piece of legislation is in its table of contents. Question 6 Complete Mark 2.00 out of 2.00 Question 7 Complete Mark 2.00 out of 2.00 Question 8 Complete Mark 2.00 out of 2.00 In Bezuidenhout v Mutual Insurance Ltd 1987 (1) SA 703 (A) the court held the following: A. If the provision is formulated in fl exible or vague terms, it is an indication that it is directory. B. Words in a negative form indicate a peremptory connotation. C. A word or words with an imperative or affi rmative character indicate a peremptory provision. D. The word shall is a strong indication that the provision is peremptory. In Carmichele v Minister of Safety and Security 2001 (4) SA 938 (CC) the Constitutional Court stressed that a court is obligedto? A. Allow common law and legislation to operate side-by-side. B. Develop the common law in light of the Constitution. C. Allow legislation to trump common law as is usually the practice. D. Develop common law in light of applicable legislation. In Jaga v Donges 1950 (4) SA 653 (A), Schreiner JA ... A. acknowledged that the purpose of section 22 of Act 22 of 1913 was to create a subjective test for the identifi cation ofundesirable persons who should be removed from society by deportation. B. acknowledged that right from the outset the interpreter may take the wider context of the provision into considerationwith the legislative text in question. C. stated that irrespective of how clear or unambiguous the grammatical meaning of the legislative text may seem to be,the relevant contextual factors may be taken into account. D. stated that the ordinary meaning of the expression 'sentenced to imprisonment' is unambiguous and solely meant'being physically removed to prison' Question 9 Complete Mark 2.00 out of 2.00 Question 10 Complete Mark 0.00 out of 2.00 Question 11 Complete Mark 2.00 out of 2.00 In Keagile v Attorney-General, Transvaal 1984 (2) SA 816 (T) A. the accused was charged with contravening the Road Traffi c Act 29 of 1989. B. the accused?s application for a review of the denial of bail was granted. C. the court held that the power of the Attorney-General to issue a statement with regards to the refusal of bail was nolonger effective. D. the court decided the matter in terms of section 12(2)(d) of the Interpretation Act 33 of 1957. In National Coalition for Gay and Lesbian Equality v Minister of Home Affairs 2000 (2) SA 1 (CC) the Constitutional Court laiddown a number of principles to be considered and followed before reading in or severance is applied. Identify one of thestatements below that is not a principle laid down by the court with regard to reading in or severance. A. the Courts must be able to defi ne with suffi cient precision how the legislative meaning ought to be modifi ed tocomply with the Constitution. B. the remedy of reading in ought not to be granted where this would result in an unsupportable budgetary intrusion. C. the results of reading-in/severance/reading up musy be inconsistent with the Constitution and its values. D. the Court should endeavour to be as faithful as possible to the constitutional scheme within the constraints of therelevant legislation. In National Coalition for Gay and Lesbian Equality v Minister of Home Affairs 2000 (2) SA 1 (CC), the Constitutional Court laiddown a number of principles to be considered and followed before___is applied. A. reading-in. B. suspension. C. reading out. D. reading between the lines. Question 12 Complete Mark 2.00 out of 2.00 Question 13 Complete Mark 2.00 out of 2.00 Question 14 Complete Mark 0.00 out of 2.00 In Nourse v Van Heerden 1999 (2) SACR 198 (W) the court found that? A. Legislation can be abrogated by disuse or repealed by the legislature. B. Legislation cannot be abrogated by disuse but it must be repealed by a competent legislature? C. the Abortion and Sterilisation Act 2 of 1975 was unconstitutional D. the case had to be decided in terms of the Choice on Termination of Pregnancy Act 92 of 1996. In Public Carriers Association v Toll Road Concessionaries (Pty) Ltd Smalberger JA decided that... A. It must not be accepted that the literal interpretation principle is fi rmly entrenched in our law and I do not seek tochallenge it. B. It must be accepted that the literal interpretation principle is fi rmly entrenched in our law, this should be challenged. C. It may be accepted that the literal interpretation principle is NOT fi rmly entrenched in our law. D. It must be accepted that the literal interpretation principle is fi rmly entrenched in our law and I do not seek tochallenge it. In Public Carriers Association v Toll Road Concessionaries Pty (Ltd) 1990 (1) SA 925 (A)? A. the court consulted a dictionary and discovered that the words ?an alternative road? was linguistically limited to asingle ordinary grammatical meaning. B. the court held that 'an alternative road' meant 'an alternative roadway' and not 'an alternative route'. C. the court suggested that the intention of the legislature could solve interpretation problems as a last resort when thecontextual approach could not. The court thus partially recognised the value of the textual approach, but restricted itsapplication to cases where the contextual approach had failed. D. the court lamented that the President Jacob Zuma effected the e-tolling system unfairly and unlawfully. Question 15 Complete Mark 0.00 out of 2.00 Question 16 Complete Mark 2.00 out of 2.00 Question 17 Complete Mark 2.00 out of 2.00 In R v Mazibuko 1958 (4) SA 353 (A)? A. the appellant appealed against a sentence of life imprisonment imposed for robbery B. the appellant relied on the principle that a harsher penalty could only have been imposed in respect of crimescommitted before the amendment came into effect. C. the court found that if the penalty provided for in an Act is increased by an amending Act, the presumption againstretrospectivity applies. D. the court relied on the common law rule that if there is a difference in penalties between the date of the crime and thedate of the trial, the date of the trial will be decisive. In S v A Juvenile 1990 (4) SA 151 (ZSC) the court remarked that the Constitution? A. must be interpreted in the context and setting existing at the time when the case is heard, and not when it waspassed, otherwise the growth of society will not be taken into account. B. is now the frame of reference against which everything must function, and against which all actions must be tested. C. embodies the values of society, as well as the aspirations, dreams and fears of the nation, and should, in fact, be themost important national symbol. D. as supreme law of the land, has bestowed on the court the sacred trust of protecting human rights In S v Kohler 1979 (1) SA 861 (T)... A. the court had to interpret section 2(1)(b) of the Legal Deposit of Publications Act 17 of 1982. B. the court had to interpret section 10(1) of the Stock Theft Act 26 of 1923. C. the court heard an appeal against the decision of a magistrate's court in which the accused was found guilty ofcontravening a municipal by-law because he kept a peacock within the municipal boundaries without the requiredlicence. D. the court heard an appeal against the decision of a magistrate's court in which the accused was found guilty ofcontravening a municipal by-law because he kept a duck within the municipal boundaries without the required licence. Question 18 Complete Mark 2.00 out of 2.00 Question 19 Complete Mark 2.00 out of 2.00 Question 20 Complete Mark 0.00 out of 2.00 In S v Koopman 1991 (1) SA 474 (NC)? A. the accused was found guilty of contravening the Internal Security Act 44 of 1950. B. the court used section 11 of the Interpretation Act 33 of 1957 to arrive at a just conclusion. C. the accused was found guilty of contravening the City of Cape Town by-laws. D. the court used the presumption that government bodies are not bound by their own legislation to arrive at a decision. In S v Makhubela 1981 (4) SA 210 (B)? A. the accused was charged with the performance of illegal abortions in terms of the Abortion and Sterilisation Act 2 of1975. B. the case dealt with a claim for damages after a police vehicle had collided with a private motorcar. C. the accused was charged with being behind the wheel of a vehicle that was being pushed by a group of people on apublic without a driver's licence. D. The Appellate Division held that the testimony of language experts was not admissable as an aid in construinglegislation. In S v Zuma 1995 (2) SA 642 (CC) it was laid down that... A. the principles of international human rights law and foreign law must be applied with due regard for the South Africancontext B. constitutional interpretation must start and end with the Constitution C. All judges and judicial offi cers are obliged to continuously interpret and apply legislation to give effect to fundamentalvalues and rights in the Constitution. D. these methods and principles of constitutional interpretation don?t constitute a fi rm set of rules and constitutionalinterpretation is an inherently fl exible process Question 21 Complete Mark 2.00 out of 2.00 Question 22 Complete Mark 0.00 out of 2.00 Question 23 Complete Mark 2.00 out of 2.00 In the case of _____________it was held that the intention of the legislature should be deduced from the words used in thelegislation, in other words, the plain meaning of the text in an intentional disguise. A. Soobramoney v Minister of Health, KwaZulu-Natal 1998 (1) SA 765 (CC) B. Union Government v Mack 1917 AD 731 C. S v Makhubela 1981 (4) SA 210 (B) D. Jaga v Dönges 1950 (4) SA 653 (A) In the case of Holomisa v Argus Newspapers Ltd 1996 (2) SA 588 (W) it was held that? A. Members of Parliament have absolute immunity to make disparaging comments about anyone in the legislature if thisis in session B. The interpretation clause of the Constitution was held to be 'not merely an interpretative directive, but a force thatinforms all legal institution and decisions with the new power of constitutional values' C. Members of Parliament do not have absolute immunity to make disparaging comments about anyone in thelegislature if this is in session D. The interpretation clause of the Constitution was held to NOT be 'merely an interpretative directive, but a force thatinforms all legal institutions and decisions with the new power of constitutional values'. In the case of _____________the court acknowledged the unqualifi ed application of the Constitutions preamble. A. Qozeleni v Minister of Law and Order 1994 (3) SA 625 (E) B. Brown v Cape Divisional Council 1979 (1) SA 589 (A) C. Chotabhai v Union Government 1911 AD 24 D. Public Carriers Association v Toll Road Concessionaries (Pty) Ltd 1990 (1) SA 925 (A) Question 24 Complete Mark 2.00 out of 2.00 Question 25 Complete Mark 0.00 out of 2.00 In the case of__________the court held that a person who is party to a monogamous Muslim marriage is not included underthe terms spouse and spouses in the Intestate Succession Act 81 of 1987 and the Maintenance of Surviving Spouses Act 27of 1990. A. Ex parte Dow 1987 (3) SA 829 (D) B. Bhe and Others v Magistrate, Khayelitsha and Others 2005 (1) SA 580 (CC) C. Daniels v Campbell 2004 (5) SA 331 (CC) D. Gory v Kolver (Starke and Others Intervening) 2007 (4) SA 97 (CC) In University of Cape Town v Cape Bar Council 1986 (4) SA 903 (A) it was held that... A. The court had to examine all contextual factors in ascertaining the intention of the legislature, irrespective of whetheror not the words of the legislation were clear and unambiguous. B. The court did not have to examine all contextual factors in ascertaining the intention of the legislature, this isregardless of whether or not the words of the legislation were clear and unambiguous. C. Right from the outset the interpreter may take the wider context of the provision (eg: its ambit and purpose) intoconsideration with the legislative text in question D. That if the text is ambiguous, the traditional rules of interpretation of statutes may be applied to fi nd the ?intention ofthe legislature? Retroactive commencement refers to? a. Where an Act commences on a date to be determined. b. Publication on a specific date, but the legislation is deemed to have commenced earlier, that is, on a date prior to publication. c. Where the legislation prescribes a date of commencement. d. Through Publication in government gazette. Check One of the criticism of the text-based (literal) approach to statutory interpretation is that: a. In the first instance, the normative role of the common-law presumptions during the interpretation process is reduced to a mere ‘last resort’, to be applied only if the legislativetext is ambiguous. b. Words are not regarded as the primary index to legislative meaning. c. That the context of words and their etymology is seldom respected. d. In the first instance, the denotive role of the common-law presumptions during the interpretation process is reduced to a mere speculative aspect. Check In National Coalition for Gay and Lesbian Equality v Minister of Home Affairs 2000 (2) SA 1 (CC) the Constitutional Court laid down several principles to be considered and followedbefore reading in or severance is applied. Identify one of the statements below that is a principle laid down by the court about reading in or severance. a. The Courts must not be able to define with sufficient precision how the legislative meaning ought to modified. b. The remedy of reading in ought not to be granted where this would result in unsupportable budgetary intrusion. c. Before reading in or severance is applied, special consideration must be given to stare decisis. d. Result of reading in/severance must be inconsistent with the Constitution and its values. Check Choose one from the following which is a factor that led to the adoption of the textual approach in England. a. The common-law tradition of England, in which the courts have traditionally played a very creative role regarding the common-law principles. Legislation was viewed as theexception to the rule, altering the traditional common law as little as possible. b. As a result of Roman-Dutch Law in England. c. Because English law is so clear that only one final interpretation is possible. d. The textual approach in England is adopted as a last resort, the contextual approach is considered first in this regard. Check What does Botha call the perplexing and specialised incomprehensible language used by lawyers in legal documents? a. Verbatim. b. Verbose. c. Legalese. d. Bad drafting. Check  Dashboard / My courses / IOS2601-23-S1 / Welcome Message / ASSIGNMENT 2  Dashboard Calendar Question 6 Not complete Marked out of2.00 Question 7 Not complete Marked out of2.00 Question 8 Not complete Marked out of2.00 Question 9 Not complete Marked out of2.00 Question 10 Not complete Marked out of2.00 The Appellate Division in ____________________ stressed that the status of legislation is to a large extent determined by the deliberation the law-making process. a. Premier, Limpopo Province v Speaker of the Limpopo Provincial Government 2011 (6) SA 396 (CC) b. Govender v Minister of Safety and Security 2001 (4) SA 273 c. Middleburg Municipality v Gertzen 1914 AD 544 d. Akani Garden Route (Pty) Ltd v Pinnacle Point Casino (Pty) Ltd 2001 (4) SA 501 (SCA) Check In which case did Froneman J explain the demands of the Supreme Constitution on statutory interpretation by stating that the only material difference between the common lawapproach and the present approach is the recognition that the previous constitutional system of this country was the fundamental mischief to be remedied by the application of thenew Constitution? a. Kalla v The Master 1995 (1) SA 261 (T) 269C-G b. Mateis v Ngwathe Plaaslike Munisipaliteit 2003 (4) SA 361 (SCA), c. Govender v Minister of Safety and Security 2001 (4) SA 273 (SCA) d. Qozeleni v Minister of Law and Order 1994 (3) SA 625 (E) Check In terms of Section 2 of the Interpretation Act 33 of 1957, the term law is defined as_______________________ a. Any law which can be enforced against any trespassers. b. Any law, proclamation, ordinance, Act of Parliament, or other enactment having the force of law. c. Any law, proclamation, ordinance, Act of Parliament, or other enactment having the force of law but excluding Sharia law. d. Any law, proclamation. Ordinance, Act of Parliament, or other enactment having the force of law and including Sharia law. Check In S v Makhubela 1981 (4) SA 210 (B) a. The accused was charged with the performance of illegal abortions in terms if the Abortions and Sterilisation Act 2 of 1975. b. The case dealt with a claim for damages after a police vehicle had collided with a private motorcar. c. The court held that the word “drive” should only be construed according to its dictionary meaning. d. The court held that the word “drive” should be expanded in line with its contextual definition. Check In which case did the court acknowledge that interpretation of legislation under the Constitution requires a new mind-set: that the court has to sail between the dangers of the Scyllaof the old-style literalism and the Charybdis of judicial law-making a. Soobramoney v Minister of Health, KwaZulu-Natal 1998 (1) SA 765 (CC) b. Weenen Transitional Council v Van Dyk 2002 (4) SA 653 (SCA) c. Swanepoel v Johannesburg City Council 1994 (3) SA 789 (A) d. Govender v Minister of Safety and Security 2001 (4) SA Check  Dashboard / My courses / IOS2601-23-S1 / Welcome Message / ASSIGNMENT 2 Dashboard Calendar a. Limpopo Province v Speaker of the Limpopo Provincial Government 2011 (6) SA 396 (CC) b. Govender v Minister of Safety and Security 2001 (4) SA 273 c Middleburg Municipality v Gertzen 1914 AD 544 d. Akani Garden Route (Pty) Ltd v Pinnacle Point Casino (Pty) Ltd 2001 (4) SA 501 (SCA) Question 11 Not complete Marked out of2.00 Question 12 Not complete Marked out of2.00 Question 13 Not complete Marked out of2.00 Question 14 Not complete Marked out of2.00 Question 15 Not complete Marked out of2.00 In Jaga v Dönges 1950 (4) SA 653 (A), Schreiner JA identified four guidelines of interpretation of statutes. Identify one of the statements below which does not feature as one of thoseguidelines. a. Right from the outset the interpreter may take the wider context of provision into consideration with the legislative text in question. b. The grammatical meaning of the legislative text may not seem to be the relevant contextual factors even if the meaning of the legislation is clear and unambiguous. c. Sometimes the wider context may even be more important than the legislative text. d. Once the meaning of the text and context (language in context) is determined, it must be applied, irrespective of whether the interpreter is of the opinion that the legislatureintended something else. Check The following are some of the semantic and jurisprudential guidelines and the presumptions about specific circumstances determining that a provision is directory. Which one is anincorrect guideline? a. If strict compliance with the provisions would lead to injustice and even fraud, it is presumed that the provision is directory. b. If the wording of the provision is in negative terms, and a penal sanction (punishment) is included for non-compliance with the requirements, it is an indication that theprovision in question should be regarded as directory. c. Requirements results in the nullity of the act, there is a presumption that the requirements are merely directory d. If the provision is formulated in flexible or vague terms, it is an indication that it is directory. Check In ______________________ the Constitutional Court held that the existing right to kill a person in self-defence has not been abolished by the Constitution. a. Soobramoney v Minister if Health, Kwazulu-Natal 1998 (1) SA 765 (CC) b. Makwanyane and Ex Parte Minister of Safety and Security: in re S v Walters 2002 (4) SA 613 (CC). c. Govender v Minister of Safety and Security 2001 (4) SA 273 d. S v Makwanyane and Another (CCT3/94) [1995] ZACC 3 Check In National Coalition for Gay and Lesbian Equality v Minister of Home Affairs 2000 (2) SA 1 (CC), the Constitutional Court laid down several principles to be considered and followedbefore _________________________ is applied. a. Reading-in. b. Suspension. c. Repeal. d. Promulgation. Check What does section 39(2) of the Constitution provide? a. That international law may not be used to choose between different interpretations of the same legislation. b. That legislation must be published at least 10 days before its commencement. c. When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of theBill of Rights d. The interpretation of statutes have influence only in cases of delegated legislation. Check  Dashboard / My courses / IOS2601-23-S1 / Welcome Message / ASSIGNMENT 2 Dashboard Calendar b. The grammatical meaning of the legislative text may not seem to be the relevant contextual factors even if the meaning of the legislation is clear and unambiguous. Question 16 Not complete Marked out of2.00 Question 17 Not complete Marked out of2.00 Question 18 Not complete Marked out of2.00 Question 19 Not complete Marked out of2.00 Question 20 Not complete Marked out of2.00 Question 21 Not complete Marked out of2.00 Which one of the following is an example of chronological categories of legislation? a. Old order legislation. b. Original legislation. c. The Constitution. d. Subordinate legislation. Check The process of promulgation refers to… a. The different stages, readings and processes through which legislation has to pass before it is accepted and issued by the relevant legislative body. b. 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. c. The process by which legislation commences and is formally put into operation. d. The process whereby legislation, which is alleged to conflict with the Constitution, is reviewed or tested by the court. Check In which one of the following instances will the principle that legislation only applies to the future not apply? a. When legislation changes procedure. b. When legislation does not change procedure. c. Denies a benefit to an accused. d. When legislation deals with the limitations clause of section 36 of the Constitution. Check The eiusdem generis rule can be applied where_____________ a. The specific words have already exhausted the genus. b. There is a common quality or common denominator. c. The legislature's intention does not support restrictive interpretation. d. The order in which the words appear is of high importance. Check Which Section of the Interpretation Act 33 of 1957 empowers the President the powers to issue a proclamation to prescribe alternative procedures for the proclamation of legislation? a. Section 13(2). b. Section 16C. c. Section 239. d. Section 16A. Check Choose one from the following underlines the requirement that legislation only commences upon publication. a. That it should be made known to the population to who it applies. b. That the population should have ample time to comment on it. c. That it should be gazetted in keeping with common law traditions. d. That legislation should only pass with a popular mandate from the masses. Check  Dashboard / My courses / IOS2601-23-S1 / Welcome Message / ASSIGNMENT 2 Dashboard Calendar a.Old order legislation. b. Original legislation. c. The Constitution. d. Subordinate legislation. Question 22 Not complete Marked out of2.00 Question 23 Not complete Marked out of2.00 Question 24 Not complete Marked out of2.00 Question 25 Not complete Marked out of2.00 Which of the following cannot be classified as legislation? a. Act of Parliament. b. Common law rules. c. Subordinate legislation made in terms of a provincial act. d. Subordinate legislation made in terms of an act of parliament. Check The process whereby legislation is deleted refers to? a. Deletion. b. Repeal. c. Promulgation. d. Assent. Check One of the reasons for legislative intervention into the common law is that: a. The common law has been abrogated through disuse. b. The common law cannot deal with new technological and scientific developments. c. The common law is not commonly applied to all South Africans. d. The common law must be altered into statutory law per the Constitution. Check In_______________________ it was decided that Constitutional right to life does not mean that the state has a duty to keep all terminal ill patients alive. a. Soobramoney v Minister if Health, Kwazulu-Natal 1998 (1) SA 765 (CC) b. Makwanyane and Ex Parte Minister of Safety and Security: in re S v Walters 2002 (4) SA 613 (CC). c. Govender v Minister of Safety and Security 2001 (4) SA 273 d. S v Makwanyane and Another (CCT3/94) [1995] ZACC 3