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RRLLB81 Assignment 1 (RESEARCH REPORT ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED - Interpretation of statutes: is textual interpretation of statute more useful than contextual interpretation

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Comprehensively structured RRLLB81 Assignment 1 (RESEARCH REPORT ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED. Prepared to a distinction standard with detailed and well-developed responses. .. INTERPRETATION OF STATUTES: IS TEXTUAL INTERPRETATION OF STATUTE MORE USEFUL THAN CONTEXTUAL INTERPRETATION? Background Parliament as organ of the state has authority to pass laws. The laws are debated and formulated under the auspices of Parliament. Since Parliament is the drafter of legislation, one could assume that it would be logical to read the rules in a a piece of legislation in a textual manner to ascertain the intention of the legislature. This is generally referred to as the ‘orthodox’ or ‘textual interpretation of legislation’. Downloaded by Pied Zulu () lOMoARcPSD| RRLLB81/103/1/2026 61 This, however, is not the only method of interpretation. There is ‘contextual (or purposive) interpretation’ which involves several techniques to interpret any legislation. This may include factors that do not necessarily form part of the interpreted legislation. If then Parliament is responsible for formulating and drafting legislation, why would there be a need to consider factors that do not form part of the legislation? Would this undermine Parliament’s authority and its function as the lawmaker? Moreover, would this not create counter-majoritarian difficulty? Considering that South Africa is a Constitutional State, conduct research and provide your own opinions on whether textual interpretation or contextual interpretation is best suited for South African law. Cases Engels v Allied Chemical Manufacturers (Pty) Ltd 1993 (4) SA 45 (Nm) Jaga v Donges 1950 (4) SA 653 (A) Minister of Land Affairs v Slamdien [1999] 1 All SA 608; 1999 (4) BCLR 413 (LCC) Books Botha CJ, Statutory Interpretation - An Introduction for Students (6th edn, Juta 2022) Legislation The Constitution of the Republic of South Africa, 1996 The Interpretation Act 33 of 1957 Journal Articles Cowen DV, ‘The Interpretation of Statutes and the Concept of ‘‘the Intention of the legislature’’’ (1980) 43 THRHR 374 Nkoane P, ‘Credit Provider - Who Should That Be, and How Should That Be Determined under the National Credit Act 34 of 2005?’ (2015) 27 SA Merc LJ 308 Perumalsamy K, ‘The Life and Times of Textualism in South Africa’ (2019) 22 PELJ 1

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RRLLB81
Assignment 2 Semester 1 2026
RESEARCH REPORT
Due Date: April 2026
Interpretation of statutes: is textual interpretation of statute more useful than
contextual interpretation?

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Interpretation of statutes: is textual interpretation of statute more useful than
contextual interpretation?

By



[RRLLB81 STUDENT]

(012345678)

Submitted in partial fulfilment of the requirements for the degree



BACHELOR OF LAWS

in the



DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW

SCHOOL OF LAW

UNIVERSITY OF SOUTH AFRICA




SUPERVISOR: PROF MM MONYAKANE



RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO

(DUE DATE: April 2026)

, For additional support +27 81 278 3372

Abstract

This research examines whether textual interpretation or contextual interpretation of
statutes is better suited to the South African legal system. Traditionally, courts relied
on textual interpretation, which focuses on the literal meaning of statutory words to
determine the intention of the legislature. However, South Africa’s constitutional
democracy has shifted interpretative approaches toward contextual and purposive
interpretation. This study analyses statutory interpretation within the framework of
the Constitution of the Republic of South Africa, 1996, relevant legislation, and key
judicial decisions. Cases such as Jaga v Donges, Engels v Allied Chemical
Manufacturers (Pty) Ltd, and Minister of Land Affairs v Slamdien illustrate how courts
consider both textual wording and broader context when interpreting statutes. The
research finds that contextual interpretation is generally more appropriate in South
Africa because it aligns legislation with constitutional values, promotes justice, and
ensures that statutes are interpreted within their social and historical context. The
study concludes that while textual interpretation remains important, contextual
interpretation better supports constitutional supremacy and the protection of
fundamental rights.

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Publisher: 1992 ISBN: 9780702127540 Edition: Unknown

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