lOMoAR cPSD| 32110785
Downloaded by Vincent Cosmas ()
, lOMoAR cPSD| 32110785
UNIVERSITY EXAMINATIONS
2024
IOS2601
Interpretation of Statutes
100 Marks
2 Hours
(2)
QUESTION 1
In National Coalition for Gay and Lesbian Equality v
Minister of Home Affairs 2000 (2) SA1 (CC) the
Constitutional Court laid down a number of principles to
be considered and followed before reading in or severance
is applied. One of the s t a t e m e n t s b e l o w i s N O T a
p r i n ciple laid down by the court with regard to reading
in or severance.
(1) the Courts must be able to define with sufficient precision
how the legislative meaning ought to be modified to comply
with the Constitution.
Downloaded by Vincent Cosmas ()
, lOMoAR cPSD| 32110785
(2) the Court should endeavor to be as faithful as possible to
the constitutional scheme within the constraints of the
relevant legislation.
(3) the results of reading in/severance/reading up must be
inconsistent with the Constitution and its values.
(4) the remedy of reading in ought not to be granted where this
would result in an unsupportable budgetary intrusion.
Question 1.2 (2)
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/sessions.
Question 1.3 (2)
When interpreting a piece of legislation, external aids are
used. Which of the aids mentioned below is NOT an
external aid of interpretation?
(1) Debates during legislative process
(2) Preceding discussions
(3) Dictionaries and linguistic evidence
Downloaded by Vincent Cosmas ()
, lOMoAR cPSD| 32110785
The preamble of the act
(4)
Question 1.4 (2)
A peremptory statutory provision ...
(1) requires some compliance.
(2) may be complied with.
(3) requires exact compliance.
(4) may be deviated from.
Question 1.5 (2)
What does the term “reading-down” by the courts entail?
(1) The courts follow a restricted interpretation of the
legislation in cases when there are conflicts with the
Constitution, but such a restrictive interpretation keeps the
legislation constitutional.
(2) Reading-down takes place when there is more than one
possible reading of the legislative text, and a more extensive
reading is adopted in order to keep the legislation in
question constitutional.
(3) A more drastic remedy used by the courts in order to change
legislation to keep it unconstitutional.
(4) The courts follow an expansive interpretation of the
legislation in cases when there are conflicts with the
Constitution, but such an expansive interpretation keeps the
legislation constitutional.
Question 1.6 (2)
According to the practical inclusive method of
interpretation, teleological interpretation …
Downloaded by Vincent Cosmas ()
Downloaded by Vincent Cosmas ()
, lOMoAR cPSD| 32110785
UNIVERSITY EXAMINATIONS
2024
IOS2601
Interpretation of Statutes
100 Marks
2 Hours
(2)
QUESTION 1
In National Coalition for Gay and Lesbian Equality v
Minister of Home Affairs 2000 (2) SA1 (CC) the
Constitutional Court laid down a number of principles to
be considered and followed before reading in or severance
is applied. One of the s t a t e m e n t s b e l o w i s N O T a
p r i n ciple laid down by the court with regard to reading
in or severance.
(1) the Courts must be able to define with sufficient precision
how the legislative meaning ought to be modified to comply
with the Constitution.
Downloaded by Vincent Cosmas ()
, lOMoAR cPSD| 32110785
(2) the Court should endeavor to be as faithful as possible to
the constitutional scheme within the constraints of the
relevant legislation.
(3) the results of reading in/severance/reading up must be
inconsistent with the Constitution and its values.
(4) the remedy of reading in ought not to be granted where this
would result in an unsupportable budgetary intrusion.
Question 1.2 (2)
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/sessions.
Question 1.3 (2)
When interpreting a piece of legislation, external aids are
used. Which of the aids mentioned below is NOT an
external aid of interpretation?
(1) Debates during legislative process
(2) Preceding discussions
(3) Dictionaries and linguistic evidence
Downloaded by Vincent Cosmas ()
, lOMoAR cPSD| 32110785
The preamble of the act
(4)
Question 1.4 (2)
A peremptory statutory provision ...
(1) requires some compliance.
(2) may be complied with.
(3) requires exact compliance.
(4) may be deviated from.
Question 1.5 (2)
What does the term “reading-down” by the courts entail?
(1) The courts follow a restricted interpretation of the
legislation in cases when there are conflicts with the
Constitution, but such a restrictive interpretation keeps the
legislation constitutional.
(2) Reading-down takes place when there is more than one
possible reading of the legislative text, and a more extensive
reading is adopted in order to keep the legislation in
question constitutional.
(3) A more drastic remedy used by the courts in order to change
legislation to keep it unconstitutional.
(4) The courts follow an expansive interpretation of the
legislation in cases when there are conflicts with the
Constitution, but such an expansive interpretation keeps the
legislation constitutional.
Question 1.6 (2)
According to the practical inclusive method of
interpretation, teleological interpretation …
Downloaded by Vincent Cosmas ()
