interpretation of enacted law
Page 1
,interpretation of enacted law 1
General Questions 3
Theme 1: Introduction 4
Theme 1: Questions 10
Theme 2: The Term ‘Legislation’ 12
Theme 2: Questions 17
Theme 2: Case Law 22
Theme 3: Commencement of legislation 23
Theme 3: Questions 29
Theme 3: Case law 33
Theme 4: Changes to and the demise of legislation 35
Theme 4: Questions 40
Theme 4: Case law 44
Theme 5: Theoretical foundations 46
Theme 5: Questions 52
Theme 5: Case Law 58
Theme 6: Dimensions of Interpretation 61
Theme 6: Questions 77
Theme 6: Case Law 88
Theme 7: Judicial law-making during concretization 92
Theme 7: Questions 96
Theme 7: Case Law 102
Theme 8: Peremptory and directory provisions 104
Theme 8: Questions 107
Theme 8: Case Law 109
Theme 9: Constitutional interpretation 110
Theme 9: Questions 115
The exam 117
Page 2
,General Questions
The interim Constitution and the final Constitution of South Africa, 1998 heralded what is
often referred to as “the era of Constitutionalism”. Constitutionalism revolutionised statutory
interpretation. This means that the supreme Constitution presently determine, shape and
permeate the interpretation of statutes on every level. In this course you will encounter the
interpretation of enacted law texts contextualised by our constitutional democracy. You will
also learn about the technical aspects of legislation as well as the theories and methods of
statutory interpretation. Some other critical aspects of interpretation will also be considered,
including, the influence of values such as social justice on legal interpretation as well as
hermeneutical and postmodern perspectives on statutory interpretation.
We will be exploring the following themes, contextualised by constitutionalism:
- The meaning and definition of enacted law texts.
- The classification, promulgation and demise of legislation.
- The role, authority and status of legislation as a source of law.
- Theories, methods, rules and strategies of, as well as approaches to, statutory and
constitutional interpretation.
- The influence of social justice, the linguistic turn and deconstruction on statutory
interpretation.
Page 3
, Theme 1: Introduction
Prescribed texts:
• Botha C Statutory Interpretation: An Introduction for Students 5th ed (2012) 3-14.
• R v Abdurahman 1950 (3) SA 136 (A).
• Rossouw v Sachs 1964 (2) SA 551 (A).
Questions:
1. What is the interpretation of statutes?
2. Why do we need special rules of interpretation?
3. When interpreting legislation, what are some of the most important
factors that need to be kept in mind?
4. Why is the concept of ‘the intention of the legislature’ problematic?
5. Which constitutional provisions are particularly important for statutory
interpretation?
6. What do apartheid-time judgments like R v Abdurahman and Rossouw
v Sachs reveal about the interpretive choices confronting judges, administrators and
legal practitioners?
Page 4
Page 1
,interpretation of enacted law 1
General Questions 3
Theme 1: Introduction 4
Theme 1: Questions 10
Theme 2: The Term ‘Legislation’ 12
Theme 2: Questions 17
Theme 2: Case Law 22
Theme 3: Commencement of legislation 23
Theme 3: Questions 29
Theme 3: Case law 33
Theme 4: Changes to and the demise of legislation 35
Theme 4: Questions 40
Theme 4: Case law 44
Theme 5: Theoretical foundations 46
Theme 5: Questions 52
Theme 5: Case Law 58
Theme 6: Dimensions of Interpretation 61
Theme 6: Questions 77
Theme 6: Case Law 88
Theme 7: Judicial law-making during concretization 92
Theme 7: Questions 96
Theme 7: Case Law 102
Theme 8: Peremptory and directory provisions 104
Theme 8: Questions 107
Theme 8: Case Law 109
Theme 9: Constitutional interpretation 110
Theme 9: Questions 115
The exam 117
Page 2
,General Questions
The interim Constitution and the final Constitution of South Africa, 1998 heralded what is
often referred to as “the era of Constitutionalism”. Constitutionalism revolutionised statutory
interpretation. This means that the supreme Constitution presently determine, shape and
permeate the interpretation of statutes on every level. In this course you will encounter the
interpretation of enacted law texts contextualised by our constitutional democracy. You will
also learn about the technical aspects of legislation as well as the theories and methods of
statutory interpretation. Some other critical aspects of interpretation will also be considered,
including, the influence of values such as social justice on legal interpretation as well as
hermeneutical and postmodern perspectives on statutory interpretation.
We will be exploring the following themes, contextualised by constitutionalism:
- The meaning and definition of enacted law texts.
- The classification, promulgation and demise of legislation.
- The role, authority and status of legislation as a source of law.
- Theories, methods, rules and strategies of, as well as approaches to, statutory and
constitutional interpretation.
- The influence of social justice, the linguistic turn and deconstruction on statutory
interpretation.
Page 3
, Theme 1: Introduction
Prescribed texts:
• Botha C Statutory Interpretation: An Introduction for Students 5th ed (2012) 3-14.
• R v Abdurahman 1950 (3) SA 136 (A).
• Rossouw v Sachs 1964 (2) SA 551 (A).
Questions:
1. What is the interpretation of statutes?
2. Why do we need special rules of interpretation?
3. When interpreting legislation, what are some of the most important
factors that need to be kept in mind?
4. Why is the concept of ‘the intention of the legislature’ problematic?
5. Which constitutional provisions are particularly important for statutory
interpretation?
6. What do apartheid-time judgments like R v Abdurahman and Rossouw
v Sachs reveal about the interpretive choices confronting judges, administrators and
legal practitioners?
Page 4
