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IOS2601 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025- DUE August 2025; 100% correct solutions and explanations.

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IOS2601 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025- DUE August 2025; 100% correct solutions and explanations. ASSIGNMENT 01 The Jaga v Dönges 1950 (4) SA 653 (A), which was delivered at the height of apartheid, remains important for the interpretation of statutes after the democratic transformation. Kindly read the case and answer the following questions. (a) BRIEFLY PROVIDE facts of the Jaga case. (6) (b) NAME AND DISCUSS the dominant interpretive approach before 1994 as followed by the majority in Jaga; (14) (c) NAME and DISCUSS the alternative interpretive approach as followed by the minority in Jaga; (15) (d) DISCUSS the effect of Section 39(2) of the Constitution and the new interpretive approach followed in Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs 2004 (4) SA 490 (CC); (15)

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, IOS2601 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025- DUE August 2025; 100% correct
solutions and explanations.
(a) Facts of the Jaga v Dönges 1950 (4) SA 653 (A)
The case concerned the interpretation of an apartheid-era statute
regulating the presence of “undesirable persons” in South Africa.
Mr. Jaga, an Indian national, was convicted of theft and sentenced to
imprisonment. After serving his sentence, he was declared a
“prohibited immigrant” under the relevant legislation. The dispute
centered on the interpretation of section 2(1) of the Aliens Act 1 of
1937, particularly whether the words “convicted in the Union”
meant that only convictions obtained in South Africa could be relied
upon, or whether foreign convictions could also apply. The key
issue was how the statute should be interpreted: strictly by its
wording (literal meaning), or more purposively in light of its context
and object.
(6 marks)


(b) Dominant interpretive approach before 1994 (Majority in
Jaga)
Before 1994, the dominant interpretive approach in South African
courts was the literal approach (also called the “grammatical” or
“textual” method). The majority in Jaga adhered to this method.
 Core idea: Courts had to give words their ordinary
grammatical meaning, unless the wording was ambiguous.

Connected book
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Suzanne Corcoran, Stephen Bottomley Interpreting Statutes
Publisher: 2005 ISBN: 9781862875562 Edition: Unknown

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