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Statutory Interpretation
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Summary Notes
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2020 / Semester 2
Ribery de Jong
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1. INTRODUCTION:
The traditional rules of statutory interpretation have been changed drastically by the new
constitutional dispensation i.e.
Factors which have influenced the shift in the mode of statutory interpretation are: -
1. The supremacy of the Constitution
2. Human Rights as considered in the Bill of Rights provision
3. Constitutionalism & fundamental values.
Clauses in the supreme constitution that influence interpretation are
The Supremacy Clause
The Application Clause and
The Interpretation Clause
DEFINITION:
Interpretation of statutes deals with the body of rules and principles used to construct the correct meaning
of legislative provisions to be applied in practical situations.
Rules of interpretation overlap and cannot be compartmentalized.
Reasons why interpretation cannot be a rule like activity:
1. Circumstances and sets of facts will differ from case to case as well as the context of the legislation
2. The interpretation has no clear, predictable pattern of application since the courts are not of one mind
when applying the rules
3. All interpreters have particular personal attributes that influence their understanding of the legislation.
These attributes are as a result of the interpreter’s history, background, experiences, and prejudices
4. Since the spirit & purport of the bill of rights must be promoted during the interpretation of all
legislation, the interpreters must of necessity involve value judgments.
,
Technical aspects of the structure and language of legislation must be applied together with substantive
aspects of the constitutional values and fundamental rights.
The interpreter has to keep other interrelated issues in mind apart from difficulties of language and
meaning.
Read, understand, and apply the provision within the framework of the supreme constitution and the bill
of rights.
The statutory interpretation under the old constitution was an unsystematic application of rules and
principles.
The old system was saddled with maxims and canons of interpretation all unnecessary and unacceptable!
In the new constitutional dispensation, value judgments have to be made in the interpretation of statutes,
since the courts must consider the spirit and purport of the fundamental rights while making statutory
interpretation as prescribed by the interpretation clause of the supreme constitution.
There are six (6) provisions in the constitution which transformed statutory interpretation:
i. s1 (Foundational provision)
ii. s2 (Supremacy clause)
iii. s8 (Application clause)
iv. s39 (Interpretation clause)
v. s7 (Obligation clause)
vi. s36 (Limitation clause)
The 3 phase interpretation process as described by BOTHA(green textbook on interpretation) is merely a
guide for students
Initial phase – Research phase – Concretization phase
,
2. WHAT IS LEGISLATION?
Definition:
Legislation is written law enacted by an elected body authorized to do so by the constitution.
Law in terms of section 2 of the Interpretation Act 33 of 1957 means any law, proclamation, and
ordinance, Act of parliament or other enactment having the force of the law.
In this case law does not include the common law.
Categorization of legislation
i. chronological
Broad categorization
ii. hierarchical
i. Chronological categories
Classification of existing legislation to their historical origins
a) Legislation before 1806
Old dutch placate are viewed as common law and no procedure needed for their demise. They are
abrogated by disuse
b) Old order legislation
All legislation enacted before the 1996 constitution took effect.
Pre-union legislation (1806 -1910)
- British annexation of the cape in 1806
- Creation of the union 1910.
Legislation between the unions and democratic era (1910 – 1994)
Includes:
- Acts of parliament
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Statutory Interpretation
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Summary Notes
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2020 / Semester 2
Ribery de Jong
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wertyuiopasdfghjklzxcvbnmqwertyuio
pasdfghjklzxcvbnmqwertyuiopasdfghj
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,
1. INTRODUCTION:
The traditional rules of statutory interpretation have been changed drastically by the new
constitutional dispensation i.e.
Factors which have influenced the shift in the mode of statutory interpretation are: -
1. The supremacy of the Constitution
2. Human Rights as considered in the Bill of Rights provision
3. Constitutionalism & fundamental values.
Clauses in the supreme constitution that influence interpretation are
The Supremacy Clause
The Application Clause and
The Interpretation Clause
DEFINITION:
Interpretation of statutes deals with the body of rules and principles used to construct the correct meaning
of legislative provisions to be applied in practical situations.
Rules of interpretation overlap and cannot be compartmentalized.
Reasons why interpretation cannot be a rule like activity:
1. Circumstances and sets of facts will differ from case to case as well as the context of the legislation
2. The interpretation has no clear, predictable pattern of application since the courts are not of one mind
when applying the rules
3. All interpreters have particular personal attributes that influence their understanding of the legislation.
These attributes are as a result of the interpreter’s history, background, experiences, and prejudices
4. Since the spirit & purport of the bill of rights must be promoted during the interpretation of all
legislation, the interpreters must of necessity involve value judgments.
,
Technical aspects of the structure and language of legislation must be applied together with substantive
aspects of the constitutional values and fundamental rights.
The interpreter has to keep other interrelated issues in mind apart from difficulties of language and
meaning.
Read, understand, and apply the provision within the framework of the supreme constitution and the bill
of rights.
The statutory interpretation under the old constitution was an unsystematic application of rules and
principles.
The old system was saddled with maxims and canons of interpretation all unnecessary and unacceptable!
In the new constitutional dispensation, value judgments have to be made in the interpretation of statutes,
since the courts must consider the spirit and purport of the fundamental rights while making statutory
interpretation as prescribed by the interpretation clause of the supreme constitution.
There are six (6) provisions in the constitution which transformed statutory interpretation:
i. s1 (Foundational provision)
ii. s2 (Supremacy clause)
iii. s8 (Application clause)
iv. s39 (Interpretation clause)
v. s7 (Obligation clause)
vi. s36 (Limitation clause)
The 3 phase interpretation process as described by BOTHA(green textbook on interpretation) is merely a
guide for students
Initial phase – Research phase – Concretization phase
,
2. WHAT IS LEGISLATION?
Definition:
Legislation is written law enacted by an elected body authorized to do so by the constitution.
Law in terms of section 2 of the Interpretation Act 33 of 1957 means any law, proclamation, and
ordinance, Act of parliament or other enactment having the force of the law.
In this case law does not include the common law.
Categorization of legislation
i. chronological
Broad categorization
ii. hierarchical
i. Chronological categories
Classification of existing legislation to their historical origins
a) Legislation before 1806
Old dutch placate are viewed as common law and no procedure needed for their demise. They are
abrogated by disuse
b) Old order legislation
All legislation enacted before the 1996 constitution took effect.
Pre-union legislation (1806 -1910)
- British annexation of the cape in 1806
- Creation of the union 1910.
Legislation between the unions and democratic era (1910 – 1994)
Includes:
- Acts of parliament
