RRLLB81 Assignment 3 PORTFOLIO (DETAILED ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED - Interpretation of statutes: is textual interpretation of statute more useful than contextual interpretation

RRLLB81 Assignment 3 PORTFOLIO (DETAILED ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references. 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