IOS2601
EXAM PACK
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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 ofprinciples to be considered and followed before reading in or severance is applied. One of the statements
below is NOT a principle laid down by the courtwith regard to reading in or severance.
1. The Courts must be able to define with sufficient precision how the legislativemeaning ought to be modified to
comply with the Constitution.
2. The Court should endeavour to be as faithful as possible to the constitutionalscheme within the constraints of
the relevant legislation.
3. The results of reading in/severance/reading up must be inconsistent with theConstitution and its values.
4. The remedy of reading in ought not to be granted where this would result in anunsupportable budgetary intrusion.
Question 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 thePremier of a province.
2. When it is published in the Government Gazette or on a date specified in thelegislation or when it is published
in a national newspaper.
3. When it is published in the Government Gazette or on an unspecified date still tobe proclaimed by the Minister of
Justice and Constitutional Development.
4. When it is published in the Government Gazette or on a date specified in thelegislation or at the time when it
becomes known throughout the country throughmass information campaigns/sessions.
Question 3
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
4. The preamble of the act.
Question 4
A peremptory statutory provision ...
1. requires some compliance.
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2. may be complied with.
3. requires exact compliance.
4. may be deviated from.
Question 5
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 thelegislative 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 itunconstitutional.
4. The courts follow an expansive interpretation of the legislation in cases when there are conflicts with the Constitution,
but such an expansive interpretation keepsthe legislation constitutional.
Question 6
According to the practical inclusive method of interpretation, teleological interpretation …
1. Considers the circumstances which gave rise to the adoption of the legislationand the legislative history (prior legislation
and preceding discussions).
2. Is a value-coherent interpretation where the aim and purpose of the legislation must be ascertained against the
fundamental constitutional values.
3. Refers to the process during which the court examines the interpretation ofsimilar legislation by foreign courts, as well
as international law.
4. Is concerned with the clarification of the meaning of a particular legislativeprovision in relation to the legislative text as a
whole.
Question 7
Indicate which statement is INCORRECT:
According to Botha,the following principles govern conflicts arising between signed and unsignedlegislation:
1. The unsigned version of the legislative text may never be used to determine theintention of the legislature.
2. The signed version is conclusive only when there is an irreconcilable conflictbetween the versions.
3. If the one version of the text is wider than the other, then thecommon denominator rule is
followed.
4. If the versions differ but there is no conflict, the versions complement one anotherand they have to be read together.
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Question 8
Repeal of legislation refers to …
1. The formal process whereby the legislation is deleted/removed from the statutebook.
2. The process whereby legislation is declared to be legally unacceptable.
3. Legislation being invalidated by the courts on legal grounds.
4. A mechanical exercise where legislation which is no longer in use is ignored.
Question 9
Fill in the missing case name: In … the Constitutional Court confirmed that the adoption of the purposive approach in our
law has renderedobsolete all the previous attempts to determine whether a statutory provision is directory or peremptory on
the basis of the wording and subject of the text of the provision.
1. S v Jordan 2002 (6) SA 642 (CC)(2) S v Zuma 1995 (2) SA 642 (CC)
2. African Christian Democratic Party v Electoral Commission 2006 (3) SA 305 (CC)
3. Prince v Cape Law Society 2002 (2) SA 794 (CC)
Question 10
The following are some of the semantic and jurisprudentialguidelines and the presumptions about specific circumstances
determining that a provision is directory. Identify the INCORRECT guideline.
1. If strict compliance with the provisions would lead to injustice and even fraud, it ispresumed that the provision is
directory.
2. If the wording of the provision is in negative terms, and a penal sanction (punishment) is included for non-compliance
with the requirements, it is an indicationthat the provision in question should be regarded as directory.
3. If other provisions in the legislation could become superfluous (meaningless) when non- compliance with prescribed
requirements results in the nullity of the act,there is a presumption that the requirements are merely directory.
4. If the provision is formulated in flexible or vague terms, it is an indication that it isdirectory.
Question 11
Which of the following is the best description of the “goldenrule” in statutory interpretation?
1. Words must be given their plain, ordinary meaning unless to do so would producean absurd result.
2. Words must be given their plain, ordinary meaning.
3. Words must be interpreted to find the mischief intended by the legislatures
4. Words must be interpreted to find the underlying purpose of the legislation.
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EXAM PACK
FOR ASSISTANCE WITH THIS MODULE +27 67 171 1739
, lOMoARcPSD|22437965
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 ofprinciples to be considered and followed before reading in or severance is applied. One of the statements
below is NOT a principle laid down by the courtwith regard to reading in or severance.
1. The Courts must be able to define with sufficient precision how the legislativemeaning ought to be modified to
comply with the Constitution.
2. The Court should endeavour to be as faithful as possible to the constitutionalscheme within the constraints of
the relevant legislation.
3. The results of reading in/severance/reading up must be inconsistent with theConstitution and its values.
4. The remedy of reading in ought not to be granted where this would result in anunsupportable budgetary intrusion.
Question 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 thePremier of a province.
2. When it is published in the Government Gazette or on a date specified in thelegislation or when it is published
in a national newspaper.
3. When it is published in the Government Gazette or on an unspecified date still tobe proclaimed by the Minister of
Justice and Constitutional Development.
4. When it is published in the Government Gazette or on a date specified in thelegislation or at the time when it
becomes known throughout the country throughmass information campaigns/sessions.
Question 3
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
4. The preamble of the act.
Question 4
A peremptory statutory provision ...
1. requires some compliance.
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2. may be complied with.
3. requires exact compliance.
4. may be deviated from.
Question 5
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 thelegislative 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 itunconstitutional.
4. The courts follow an expansive interpretation of the legislation in cases when there are conflicts with the Constitution,
but such an expansive interpretation keepsthe legislation constitutional.
Question 6
According to the practical inclusive method of interpretation, teleological interpretation …
1. Considers the circumstances which gave rise to the adoption of the legislationand the legislative history (prior legislation
and preceding discussions).
2. Is a value-coherent interpretation where the aim and purpose of the legislation must be ascertained against the
fundamental constitutional values.
3. Refers to the process during which the court examines the interpretation ofsimilar legislation by foreign courts, as well
as international law.
4. Is concerned with the clarification of the meaning of a particular legislativeprovision in relation to the legislative text as a
whole.
Question 7
Indicate which statement is INCORRECT:
According to Botha,the following principles govern conflicts arising between signed and unsignedlegislation:
1. The unsigned version of the legislative text may never be used to determine theintention of the legislature.
2. The signed version is conclusive only when there is an irreconcilable conflictbetween the versions.
3. If the one version of the text is wider than the other, then thecommon denominator rule is
followed.
4. If the versions differ but there is no conflict, the versions complement one anotherand they have to be read together.
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Question 8
Repeal of legislation refers to …
1. The formal process whereby the legislation is deleted/removed from the statutebook.
2. The process whereby legislation is declared to be legally unacceptable.
3. Legislation being invalidated by the courts on legal grounds.
4. A mechanical exercise where legislation which is no longer in use is ignored.
Question 9
Fill in the missing case name: In … the Constitutional Court confirmed that the adoption of the purposive approach in our
law has renderedobsolete all the previous attempts to determine whether a statutory provision is directory or peremptory on
the basis of the wording and subject of the text of the provision.
1. S v Jordan 2002 (6) SA 642 (CC)(2) S v Zuma 1995 (2) SA 642 (CC)
2. African Christian Democratic Party v Electoral Commission 2006 (3) SA 305 (CC)
3. Prince v Cape Law Society 2002 (2) SA 794 (CC)
Question 10
The following are some of the semantic and jurisprudentialguidelines and the presumptions about specific circumstances
determining that a provision is directory. Identify the INCORRECT guideline.
1. If strict compliance with the provisions would lead to injustice and even fraud, it ispresumed that the provision is
directory.
2. If the wording of the provision is in negative terms, and a penal sanction (punishment) is included for non-compliance
with the requirements, it is an indicationthat the provision in question should be regarded as directory.
3. If other provisions in the legislation could become superfluous (meaningless) when non- compliance with prescribed
requirements results in the nullity of the act,there is a presumption that the requirements are merely directory.
4. If the provision is formulated in flexible or vague terms, it is an indication that it isdirectory.
Question 11
Which of the following is the best description of the “goldenrule” in statutory interpretation?
1. Words must be given their plain, ordinary meaning unless to do so would producean absurd result.
2. Words must be given their plain, ordinary meaning.
3. Words must be interpreted to find the mischief intended by the legislatures
4. Words must be interpreted to find the underlying purpose of the legislation.
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