IOS2601 MCQs 2010 -2020
Question 1
(a) Old order legislation may be defined as any legislation enacted before the final Constitution took
effect.
(b) Original legislation includes Acts of Parliaments, new provincial Acts, provincial ordinances,
legislation of the former homelands, new municipal legislation and legislation of the former TBVC
states.
(1) Both statements are correct.
(2) Only statement (b) is correct.
(3) Both statements are wrong.
(4) Only statement (a) is correct.
(2) Only statement (b) is correct. (See Botha pp 12-16, paras 2.2.1 and 2.2.2(ii)).
Question 2
In the case of S v Koopman 1991 (1) SA 474 (NC):
(a) The accused was found guilty of contravening the Criminal Procedure Act 51 of 1977.
(b) The accused was sentenced to life imprisonment.
(c) The court used section 11 of the Interpretation Act 33 of 1957 to arrive at a just conclusion.
(d) The presumption against futile and nugatory provisions assisted the court in reaching its
decision.
(1) All the statements are correct.
(2) All the statements are wrong.
(3) Only statement (a) is correct.
(4) Only statements (a) and (b) are correct.
(5) Only statements (c) and (d) are correct.
(5) Only statements (c) and (d) are correct. (See Botha p 40, para 4.4).
Question 3
The intention of the legislature is not considered during the interpretation process because:
(a) Some of the members of parliament will only support legislation for the sake of party unity but
may be personally opposed to a Bill;
(b) Some of the members of parliament may oppose the legislation for various reasons, with the
result that the legislation ultimately only reflects the ‘intention’ of the majority of the legislature.
(c) We cannot expect all parliamentarians to understand complex and highly specialized technical
legislation.
(d) The Bill presented before parliament for consideration, is not drafted by parliamentarians
themselves, but by drafters acting on the advice of bureaucrats from state departments;
(e) Some members of the legislative body might be absent when voting on a bill takes place.
(1) All the statements are correct.
(2) Only statements ((a), (c),(d) and (e) are correct.
(3) All the statements are wrong.
(4) Only statements (b), (d) and (e) are correct.
(5) Only statements (a), (c) and (e) are correct.
(1) All the statements are correct. (See Botha page 66-67, para 6.1.2).
Question 1
(a) Old order legislation may be defined as any legislation enacted before the final Constitution took
effect.
(b) Original legislation includes Acts of Parliaments, new provincial Acts, provincial ordinances,
legislation of the former homelands, new municipal legislation and legislation of the former TBVC
states.
(1) Both statements are correct.
(2) Only statement (b) is correct.
(3) Both statements are wrong.
(4) Only statement (a) is correct.
(2) Only statement (b) is correct. (See Botha pp 12-16, paras 2.2.1 and 2.2.2(ii)).
Question 2
In the case of S v Koopman 1991 (1) SA 474 (NC):
(a) The accused was found guilty of contravening the Criminal Procedure Act 51 of 1977.
(b) The accused was sentenced to life imprisonment.
(c) The court used section 11 of the Interpretation Act 33 of 1957 to arrive at a just conclusion.
(d) The presumption against futile and nugatory provisions assisted the court in reaching its
decision.
(1) All the statements are correct.
(2) All the statements are wrong.
(3) Only statement (a) is correct.
(4) Only statements (a) and (b) are correct.
(5) Only statements (c) and (d) are correct.
(5) Only statements (c) and (d) are correct. (See Botha p 40, para 4.4).
Question 3
The intention of the legislature is not considered during the interpretation process because:
(a) Some of the members of parliament will only support legislation for the sake of party unity but
may be personally opposed to a Bill;
(b) Some of the members of parliament may oppose the legislation for various reasons, with the
result that the legislation ultimately only reflects the ‘intention’ of the majority of the legislature.
(c) We cannot expect all parliamentarians to understand complex and highly specialized technical
legislation.
(d) The Bill presented before parliament for consideration, is not drafted by parliamentarians
themselves, but by drafters acting on the advice of bureaucrats from state departments;
(e) Some members of the legislative body might be absent when voting on a bill takes place.
(1) All the statements are correct.
(2) Only statements ((a), (c),(d) and (e) are correct.
(3) All the statements are wrong.
(4) Only statements (b), (d) and (e) are correct.
(5) Only statements (a), (c) and (e) are correct.
(1) All the statements are correct. (See Botha page 66-67, para 6.1.2).
