A PRACTICAL, INCLUSIVE METHODOLOGY: THE FIVE INTERRELATED
DIMENSIONS OF INTERPRETATION (CHAPTER 6 )
6.1 THE LANGUAGE DIMENSION
6.1.1 Basic Principles
a) The initial meaning of the text
The text based approach no longer has any place in statutory interpretation
o Reading of the text is necessary but the legislation as a whole and its context play an equally
important role in the interpretation process
o The purpose of the legislation will still qualify the meaning of the text
o The basic language principles about the meaning of the text = at most the initial and merely
tentative rules
o What qualifies the meaning of the text
The purpose of the legislation viewed against the fundamental rights in the
Constitution
The ordinary meaning must be attached to the words
o This was mistakenly elevated to the primary rule of interpretation (e.g. Volschenk v
Volschenk)
o Natal Joint Municipal Fund v Endumeni Municipality
Correctly explained the language aspect as the starting point of the process
The inevitable point of departure is the language of the provision itself, read in
context and having regard to the purpose of the provision and the background to the
preparation and production of the document
o Savage v commissioner for inland revenue
Acknowledged the danger of elevating the ordinary meaning of a word to a
fundamental principle of interpretation
The literal meaning is not something revealed to the judges by a sort of authentic
dictionary; it is only what individual judges think is the literal meaning
o This ordinary meaning rule is only the starting point of the interpretation process
It means The interpreter should not attach an artificial meaning to the text
However the context of the legislation which could qualify the initial meaning of the
provision must be taken into account from the outset
b) Every Word is important
o Principle that meaning must be assigned to every word derives from rule that words are to be
understood according to their ordinary meaning
o Legislation should be read in a way that no word or sentence is regarded as redundant
o Sometimes impossible to assign a meaning to every word in a statute (as tautological provisions are
often added as a result of excessive caution)
o Resultant redundancy may be ignored in the interpretation of a clause
o The purpose of the legislation should be the deciding factor in determining whether a word is
superfluous or not
c) No addition or subtraction
o There may be no additions to or subtraction from the words used in the legislation
o Based on the separation of powers principle
o Only basic default principle because in final analysis the purpose of the legislation is the
qualifier of the meaning of the text
o Courts may not supply omissions in legislation at will.
o However if the purpose of the legislation is clear, the court is the last link in the legislative
process and should ensure that the legislative process reaches a just and meaningful
conclusion
, d) The continuing time-frame of legislation: the law is always speaking
o Initially
o Followed the general rule: unless later legislation expressly provides otherwise, words in
legislation must be construed according to their meaning on the day on which the legislation
was adopted
o E.g. Finbro furnishers (pty) Ltd v Registrar of Deeds, Bloemfontein
o Now:
o Golden China TV Game Centre v Nintendo Co Ltd
Definitions in the copyright act are to be interpreted flexibly in order to deal with
new technologies on a continuous basis
Legal question: Must video games be included under ‘cinematographic films’
Definition in Copyright act refers to a ‘sequence of images’
o Fourie v Minister of Home affairs
Minority judgement: an updated interpretation should be given to ‘ongoing acts’
(legislation that will continue to apply in the future), except those rare statutes
intended to be of unchanging effect
Farlam JA (minority): gives updated interpretation to marriage formula in s 30 of
Marriages Act – read words “lawful wife (or husband)” to include the words “lawful
spouse”
Spirit, purport and objects of BOR – future-oriented and transformative approach to
interpretation, balance this with legal certainty and vested rights
o All legislation must be interpreted to promote the spirit and scope of the bill of rights
The constitution is not a static document and must be interpreted in the context and
setting existing at the time when the case is heard otherwise the growth of society
will not be taken into account
o Rule of law principle
Courts will always need to balance the dimension of futurity with legality issues such
as offences, penalties and vested rights, as well as legal certainty
6.1.2 Internal language aids to interpretation
a) The legislative text in another official language
o Statutory bilingualism
o Prior to commencement of interim constitution legislation drafted in the 2 official languages
and the text in the other language was used to clarify obscurities
o Original legislation
o Then:
Old order legislative texts were signed alternately in the different languages
Signed text was enrolled for record at the appellate division
If irreconcilable conflict between the various texts, signed one would prevail
o Now:
S240 of the constitution
States that the English text will prevail in the event of any inconsistency
between the different texts
How does signed version affect things?
The signed version is conclusive only when there is an irreconcilable
conflict between the versions
If one text is wider than the other then the common denominator rule is
followed
If the versions differ but there is no conflict, the versions complement each
other and must be read together
DIMENSIONS OF INTERPRETATION (CHAPTER 6 )
6.1 THE LANGUAGE DIMENSION
6.1.1 Basic Principles
a) The initial meaning of the text
The text based approach no longer has any place in statutory interpretation
o Reading of the text is necessary but the legislation as a whole and its context play an equally
important role in the interpretation process
o The purpose of the legislation will still qualify the meaning of the text
o The basic language principles about the meaning of the text = at most the initial and merely
tentative rules
o What qualifies the meaning of the text
The purpose of the legislation viewed against the fundamental rights in the
Constitution
The ordinary meaning must be attached to the words
o This was mistakenly elevated to the primary rule of interpretation (e.g. Volschenk v
Volschenk)
o Natal Joint Municipal Fund v Endumeni Municipality
Correctly explained the language aspect as the starting point of the process
The inevitable point of departure is the language of the provision itself, read in
context and having regard to the purpose of the provision and the background to the
preparation and production of the document
o Savage v commissioner for inland revenue
Acknowledged the danger of elevating the ordinary meaning of a word to a
fundamental principle of interpretation
The literal meaning is not something revealed to the judges by a sort of authentic
dictionary; it is only what individual judges think is the literal meaning
o This ordinary meaning rule is only the starting point of the interpretation process
It means The interpreter should not attach an artificial meaning to the text
However the context of the legislation which could qualify the initial meaning of the
provision must be taken into account from the outset
b) Every Word is important
o Principle that meaning must be assigned to every word derives from rule that words are to be
understood according to their ordinary meaning
o Legislation should be read in a way that no word or sentence is regarded as redundant
o Sometimes impossible to assign a meaning to every word in a statute (as tautological provisions are
often added as a result of excessive caution)
o Resultant redundancy may be ignored in the interpretation of a clause
o The purpose of the legislation should be the deciding factor in determining whether a word is
superfluous or not
c) No addition or subtraction
o There may be no additions to or subtraction from the words used in the legislation
o Based on the separation of powers principle
o Only basic default principle because in final analysis the purpose of the legislation is the
qualifier of the meaning of the text
o Courts may not supply omissions in legislation at will.
o However if the purpose of the legislation is clear, the court is the last link in the legislative
process and should ensure that the legislative process reaches a just and meaningful
conclusion
, d) The continuing time-frame of legislation: the law is always speaking
o Initially
o Followed the general rule: unless later legislation expressly provides otherwise, words in
legislation must be construed according to their meaning on the day on which the legislation
was adopted
o E.g. Finbro furnishers (pty) Ltd v Registrar of Deeds, Bloemfontein
o Now:
o Golden China TV Game Centre v Nintendo Co Ltd
Definitions in the copyright act are to be interpreted flexibly in order to deal with
new technologies on a continuous basis
Legal question: Must video games be included under ‘cinematographic films’
Definition in Copyright act refers to a ‘sequence of images’
o Fourie v Minister of Home affairs
Minority judgement: an updated interpretation should be given to ‘ongoing acts’
(legislation that will continue to apply in the future), except those rare statutes
intended to be of unchanging effect
Farlam JA (minority): gives updated interpretation to marriage formula in s 30 of
Marriages Act – read words “lawful wife (or husband)” to include the words “lawful
spouse”
Spirit, purport and objects of BOR – future-oriented and transformative approach to
interpretation, balance this with legal certainty and vested rights
o All legislation must be interpreted to promote the spirit and scope of the bill of rights
The constitution is not a static document and must be interpreted in the context and
setting existing at the time when the case is heard otherwise the growth of society
will not be taken into account
o Rule of law principle
Courts will always need to balance the dimension of futurity with legality issues such
as offences, penalties and vested rights, as well as legal certainty
6.1.2 Internal language aids to interpretation
a) The legislative text in another official language
o Statutory bilingualism
o Prior to commencement of interim constitution legislation drafted in the 2 official languages
and the text in the other language was used to clarify obscurities
o Original legislation
o Then:
Old order legislative texts were signed alternately in the different languages
Signed text was enrolled for record at the appellate division
If irreconcilable conflict between the various texts, signed one would prevail
o Now:
S240 of the constitution
States that the English text will prevail in the event of any inconsistency
between the different texts
How does signed version affect things?
The signed version is conclusive only when there is an irreconcilable
conflict between the versions
If one text is wider than the other then the common denominator rule is
followed
If the versions differ but there is no conflict, the versions complement each
other and must be read together
