IOS2601 mcq-and-answers
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South African common law is known as …
(1) English-Dutch law.
(2) Latin law. IOS2601/201 5
(3) Roman-Dutch law.
(4) Roman law.
Only statement (3) is correct. See Botha (2012) page 3, paragraph 1.1.
According to the Constitution, the legislative menu consists of several items, such as
municipal by-laws. Which of the following is NOT an item on the legislative menu?
(1) Green Paper and White Paper policy legislation.
(2) Provincial and national legislation.
(3) Assigned legislation.
(4) Instruments of subordinate legislation, proclamations and regulations.
Only statement (1) is incorrect. See Botha (2012) pages 15-17, paragraph 2.1 and Botha (2012) pages 33-
34, paragraph 2.3.
Subordinate legislation is sometimes also referred to as …
(1) original or supreme legislation.
(2) direct or indirect legislation.
(3) secondary or delegated legislation.
(4) primary legislation.
Only statement (3) is correct. See Botha (2012) pages 25-29, paragraph 2.2.2(c).
Question 4
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.
Only statement (1) is correct. See Botha (2012) pages 49-50, paragraph 3.3.2(a) – (c).
Question 5
A directory statutory provision requires …
(1) exact compliance.
(2) direct compliance.
(3) strict adherence.
(4) substantial compliance.
Only statement (4) is correct. See Botha (2012) pages 175-177, paragraph 8.1.
Question 3
A peremptory statutory provision requires …
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(1) some compliance.
(2) that it may be complied with.
(3) exact compliance.
(4) that is may be deviated from.
Only statement (3) is correct. Refer to page 175 of the textbook (Botha, CJ. 2012. Statutory
interpretation: an introduction for students. 5th edition. Cape Town: Juta. 9780702198588).
Question 15
Peremptory provisions are indicated …
(1) by a word or words with an imperative or affirmative character.
(2) by a word or words with a permissive character.
(3) if the wording of the provision is in positive terms and no penal sanction is included for
non-compliance with the requirements.
(4) if strict compliance with the provisions would lead to injustice and even fraud (and the
legislation contains neither an express provision as to whether the action should be null and
void nor a penalty).
Only statement (1) is correct.
Question 6
In Bezuidenhout v AA Mutual Insurance Association Ltd 1987 (1) SA 703 (A) the court
held the following:
(1) A word or words with an imperative or affirmative character indicate a peremptory provision.
(2) Words in a negative form indicate a peremptory connotation.
(3) The word “shall” is a strong indication that the provision is peremptory.
(4) If the provision is formulated in flexible or vague terms, it is an indication that it is directory.
Only statement (3) is correct. See Botha (2012) pages 177-178, paragraph 8.2.1.
Question 7
Grammatical interpretation focuses on:
(1) The clarification of the meaning of a particular constitutional provision in conjunction with the
Constitution as a whole.
(2) A construction that is congruent with the aim and purpose of the provision and with
fundamental constitutional values must be determined.
(3) The term refers to the process by means of which the court examines international law and
the constitutional decisions of foreign courts.
(4) The linguistic and grammatical meaning of the words, phrases, sentences and other
structural components of the text.
Only statement (4) is correct. See Botha (2012) pages 192-193, paragraph 9.3.2(a).
Question 8
Comparative interpretation entails:
(1) That the travaux preparatoires of the Constitution may be consulted as an external aid, but
they cannot be the deciding factor.
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South African common law is known as …
(1) English-Dutch law.
(2) Latin law. IOS2601/201 5
(3) Roman-Dutch law.
(4) Roman law.
Only statement (3) is correct. See Botha (2012) page 3, paragraph 1.1.
According to the Constitution, the legislative menu consists of several items, such as
municipal by-laws. Which of the following is NOT an item on the legislative menu?
(1) Green Paper and White Paper policy legislation.
(2) Provincial and national legislation.
(3) Assigned legislation.
(4) Instruments of subordinate legislation, proclamations and regulations.
Only statement (1) is incorrect. See Botha (2012) pages 15-17, paragraph 2.1 and Botha (2012) pages 33-
34, paragraph 2.3.
Subordinate legislation is sometimes also referred to as …
(1) original or supreme legislation.
(2) direct or indirect legislation.
(3) secondary or delegated legislation.
(4) primary legislation.
Only statement (3) is correct. See Botha (2012) pages 25-29, paragraph 2.2.2(c).
Question 4
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.
Only statement (1) is correct. See Botha (2012) pages 49-50, paragraph 3.3.2(a) – (c).
Question 5
A directory statutory provision requires …
(1) exact compliance.
(2) direct compliance.
(3) strict adherence.
(4) substantial compliance.
Only statement (4) is correct. See Botha (2012) pages 175-177, paragraph 8.1.
Question 3
A peremptory statutory provision requires …
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(1) some compliance.
(2) that it may be complied with.
(3) exact compliance.
(4) that is may be deviated from.
Only statement (3) is correct. Refer to page 175 of the textbook (Botha, CJ. 2012. Statutory
interpretation: an introduction for students. 5th edition. Cape Town: Juta. 9780702198588).
Question 15
Peremptory provisions are indicated …
(1) by a word or words with an imperative or affirmative character.
(2) by a word or words with a permissive character.
(3) if the wording of the provision is in positive terms and no penal sanction is included for
non-compliance with the requirements.
(4) if strict compliance with the provisions would lead to injustice and even fraud (and the
legislation contains neither an express provision as to whether the action should be null and
void nor a penalty).
Only statement (1) is correct.
Question 6
In Bezuidenhout v AA Mutual Insurance Association Ltd 1987 (1) SA 703 (A) the court
held the following:
(1) A word or words with an imperative or affirmative character indicate a peremptory provision.
(2) Words in a negative form indicate a peremptory connotation.
(3) The word “shall” is a strong indication that the provision is peremptory.
(4) If the provision is formulated in flexible or vague terms, it is an indication that it is directory.
Only statement (3) is correct. See Botha (2012) pages 177-178, paragraph 8.2.1.
Question 7
Grammatical interpretation focuses on:
(1) The clarification of the meaning of a particular constitutional provision in conjunction with the
Constitution as a whole.
(2) A construction that is congruent with the aim and purpose of the provision and with
fundamental constitutional values must be determined.
(3) The term refers to the process by means of which the court examines international law and
the constitutional decisions of foreign courts.
(4) The linguistic and grammatical meaning of the words, phrases, sentences and other
structural components of the text.
Only statement (4) is correct. See Botha (2012) pages 192-193, paragraph 9.3.2(a).
Question 8
Comparative interpretation entails:
(1) That the travaux preparatoires of the Constitution may be consulted as an external aid, but
they cannot be the deciding factor.
