IOS2601
Assignment 1 Semester 1 2025
Unique #:
Due Date: 4 April 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
a.
Date of Assent and Its Significance
The date of assent, which in this case was 10 April 1996, refers to the moment
when the President formally approves the legislation by signing it into law. Assent
signifies the final approval required for a Bill to become an Act of Parliament.
However, this does not necessarily mean that the Act is immediately enforceable.
While assent confirms the law’s validity, it does not determine when the law takes
effect. The commencement of the law is governed by specific provisions in the
Interpretation Act.
Commencement of Legislation Under Section 13 of the Interpretation Act
The commencement date is the day on which a law officially takes effect and
becomes enforceable. According to Section 13(1) of the Interpretation Act1, a law
commences on the day it is published in the Government Gazette, unless another
date is specified within the legislation itself or determined by the President
through proclamation.
In this case, the Act only came into operation on 19 June 1996, meaning there
was a delay between assent and commencement. The reason for this delay could
be that the Act specified a future date for its enforcement, or the President was
required to proclaim its commencement at a later date. Section 13(3) allows for
such a provision, enabling the President to fix different commencement dates for
different sections of an Act.
The Interpretation Act provides three possible ways for a law to commence:
1. On the date of publication in the Government Gazette – If the legislation
does not specify a commencement date, it automatically takes effect on
the day of publication.
2. On a date specified in the Act – If the Act explicitly states a
commencement date, it will come into operation on that date.
3. On an unspecified date to be proclaimed – If the Act provides that its
commencement will be determined later, the President or relevant
authority must issue a proclamation in the Gazette setting the official date.
1
Interpretation Act 33 of 1957, s 13(1).
Varsity Cube 2024 +27 81 278 3372
Assignment 1 Semester 1 2025
Unique #:
Due Date: 4 April 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
a.
Date of Assent and Its Significance
The date of assent, which in this case was 10 April 1996, refers to the moment
when the President formally approves the legislation by signing it into law. Assent
signifies the final approval required for a Bill to become an Act of Parliament.
However, this does not necessarily mean that the Act is immediately enforceable.
While assent confirms the law’s validity, it does not determine when the law takes
effect. The commencement of the law is governed by specific provisions in the
Interpretation Act.
Commencement of Legislation Under Section 13 of the Interpretation Act
The commencement date is the day on which a law officially takes effect and
becomes enforceable. According to Section 13(1) of the Interpretation Act1, a law
commences on the day it is published in the Government Gazette, unless another
date is specified within the legislation itself or determined by the President
through proclamation.
In this case, the Act only came into operation on 19 June 1996, meaning there
was a delay between assent and commencement. The reason for this delay could
be that the Act specified a future date for its enforcement, or the President was
required to proclaim its commencement at a later date. Section 13(3) allows for
such a provision, enabling the President to fix different commencement dates for
different sections of an Act.
The Interpretation Act provides three possible ways for a law to commence:
1. On the date of publication in the Government Gazette – If the legislation
does not specify a commencement date, it automatically takes effect on
the day of publication.
2. On a date specified in the Act – If the Act explicitly states a
commencement date, it will come into operation on that date.
3. On an unspecified date to be proclaimed – If the Act provides that its
commencement will be determined later, the President or relevant
authority must issue a proclamation in the Gazette setting the official date.
1
Interpretation Act 33 of 1957, s 13(1).
Varsity Cube 2024 +27 81 278 3372
