RRLLB81
PORTFOLIO PACK
, lOMoARcPSD|8893425
THE INFLUENCE OF THE CONSTITUTION ON THE INTERPRETATION
OF LEGISLATION: LESSONS FROM BATO STAR FISHING (PTY) LTD V
MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM 2004 7 BCLR
687 (CC)
(36875317)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS (LLB)
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
DEPARTMENT: PUBLIC, CONSTITUTIONAL AND INTERNATIONAL
LAW
ASSIGNMENT 02
UNIQUE NUMBER: 785553
2026
, lOMoARcPSD|8893425
ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of Unisa’s policies in
this regard.
2. I declare that this assignment is my own, original work. Where I have used someone
else’s work, I have indicated this by using the prescribed style of referencing. Every
contribution to, and quotation in, this assignment from the work or works of other
people has been referenced according to the prescribed style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention of
passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my own.
NAME
SIGNATURE:
STUDENT NUMBER:
MODULE CODE: RRLLB81
DATE: 2026
TOPIC SELECTED: THE INFLUENCE OF THE CONSTITUTION ON THE
INTERPRETATION OF LEGISLATION: LESSONS FROM BATO STAR FISHING (PTY)
LTD V MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM 2004 7 BCLR 687
(CC)
MARK RECEIVED FOR ASSIGNMENT 01: …………………………………….……
MARK RECEIVED FOR ASSIGNMENT 02: …………………………………….……
, lOMoARcPSD|8893425
SUMMARY
The inclusion of a justiciable Bill of Rights (BOR) in the Constitution embraces South
Africa’s allegiance and respect towards the ethos of constitutional democracy. To
guarantee the protection of these fundamental human rights and the rule of law, many
mechanisms have been included in the Constitution which ensure that the repeats of the
apartheid regime does not arise again in South Africa. Our legal system had done away
with the iudices est ius rule which restricts the courts to interpret the law as it is without
applying a modificative interpretation approach which interpret the law as it ought to be
whenever necessary. However, since attaining constitutional democracy, South Africa
favours a generous and purposive interpretation approach which is influenced by the
Constitution. The Constitutional Court illustrated the influence of the Constitution in Bato
Star Fishing (Pty) Ltd v Minister of Environmental Affairs 2004 (7) BCLR 687. This
research paper critically analyses the relevance and implications of the Constitution
during statutory interpretation.
KEYWORDS
Bill of Rights
Constitution
Comparative interpretation
Interpretation
Legislation
3
PORTFOLIO PACK
, lOMoARcPSD|8893425
THE INFLUENCE OF THE CONSTITUTION ON THE INTERPRETATION
OF LEGISLATION: LESSONS FROM BATO STAR FISHING (PTY) LTD V
MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM 2004 7 BCLR
687 (CC)
(36875317)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS (LLB)
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
DEPARTMENT: PUBLIC, CONSTITUTIONAL AND INTERNATIONAL
LAW
ASSIGNMENT 02
UNIQUE NUMBER: 785553
2026
, lOMoARcPSD|8893425
ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of Unisa’s policies in
this regard.
2. I declare that this assignment is my own, original work. Where I have used someone
else’s work, I have indicated this by using the prescribed style of referencing. Every
contribution to, and quotation in, this assignment from the work or works of other
people has been referenced according to the prescribed style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention of
passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my own.
NAME
SIGNATURE:
STUDENT NUMBER:
MODULE CODE: RRLLB81
DATE: 2026
TOPIC SELECTED: THE INFLUENCE OF THE CONSTITUTION ON THE
INTERPRETATION OF LEGISLATION: LESSONS FROM BATO STAR FISHING (PTY)
LTD V MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM 2004 7 BCLR 687
(CC)
MARK RECEIVED FOR ASSIGNMENT 01: …………………………………….……
MARK RECEIVED FOR ASSIGNMENT 02: …………………………………….……
, lOMoARcPSD|8893425
SUMMARY
The inclusion of a justiciable Bill of Rights (BOR) in the Constitution embraces South
Africa’s allegiance and respect towards the ethos of constitutional democracy. To
guarantee the protection of these fundamental human rights and the rule of law, many
mechanisms have been included in the Constitution which ensure that the repeats of the
apartheid regime does not arise again in South Africa. Our legal system had done away
with the iudices est ius rule which restricts the courts to interpret the law as it is without
applying a modificative interpretation approach which interpret the law as it ought to be
whenever necessary. However, since attaining constitutional democracy, South Africa
favours a generous and purposive interpretation approach which is influenced by the
Constitution. The Constitutional Court illustrated the influence of the Constitution in Bato
Star Fishing (Pty) Ltd v Minister of Environmental Affairs 2004 (7) BCLR 687. This
research paper critically analyses the relevance and implications of the Constitution
during statutory interpretation.
KEYWORDS
Bill of Rights
Constitution
Comparative interpretation
Interpretation
Legislation
3
