IOS2601 EXAM PACK 2026
- DISTINCTION
**Question 1**
(a) Old order legislation may be defined as any legislation enacted before the final Constitution took
effect.
(b) Original legislation includes Acts of Parliaments, new provincial Acts, provincial ordinances,
legislation of the former homelands, new municipal legislation and legislation of the former TBVC states.
(1) Both statements are correct.
(2) Only statement (b) is correct.
(3) Both statements are wrong.
(4) Only statement (a) is correct.
**Correct Answer: (2) Only statement (b) is correct.**
,**Rationale:** Statement (a) is incorrect because old order legislation is defined as legislation enacted
before the interim Constitution took effect, not the final Constitution. Statement (b) correctly lists the
types of original legislation. (See Botha pp 12-16, paras 2.2.1 and 2.2.2(ii)) .
---
**Question 2**
In the case of S v Koopman 1991 (1) SA 474 (NC):
(a) The accused was found guilty of contravening the Criminal Procedure Act 51 of 1977.
(b) The accused was sentenced to life imprisonment.
(c) The court used section 11 of the Interpretation Act 33 of 1957 to arrive at a just conclusion.
(d) The presumption against futile and nugatory provisions assisted the court in reaching its decision.
(1) All the statements are correct.
(2) All the statements are wrong.
(3) Only statement (a) is correct.
(4) Only statements (a) and (b) are correct.
(5) Only statements (c) and (d) are correct.
**Correct Answer: (5) Only statements (c) and (d) are correct.**
**Rationale:** In S v Koopman, the court applied section 11 of the Interpretation Act and relied on the
presumption against futile and nugatory provisions. The accused was not found guilty of contravening
the Criminal Procedure Act, nor was he sentenced to life imprisonment. (See Botha p 40, para 4.4) .
---
, **Question 3**
The intention of the legislature is not considered during the interpretation process because:
(a) Some members of parliament will only support legislation for the sake of party unity but may be
personally opposed to a Bill.
(b) Some members of parliament may oppose the legislation for various reasons, with the result that the
legislation ultimately only reflects the 'intention' of the majority.
(c) We cannot expect all parliamentarians to understand complex and highly specialized technical
legislation.
(d) The Bill is not drafted by parliamentarians themselves, but by drafters acting on the advice of
bureaucrats.
(e) Some members of the legislative body might be absent when voting on a bill takes place.
(1) All the statements are correct.
(2) Only statements (a), (c), (d) and (e) are correct.
(3) All the statements are wrong.
(4) Only statements (b), (d) and (e) are correct.
(5) Only statements (a), (c) and (e) are correct.
**Correct Answer: (1) All the statements are correct.**
**Rationale:** These are the practical difficulties associated with the "intention of the legislature"
theory. Because of these factors, the focus has shifted from subjective intention to objective purpose of
legislation. (See Botha page 66-67, para 6.1.2) .
---
**Question 4**
What does the term "reading-down" by the courts entail?
- DISTINCTION
**Question 1**
(a) Old order legislation may be defined as any legislation enacted before the final Constitution took
effect.
(b) Original legislation includes Acts of Parliaments, new provincial Acts, provincial ordinances,
legislation of the former homelands, new municipal legislation and legislation of the former TBVC states.
(1) Both statements are correct.
(2) Only statement (b) is correct.
(3) Both statements are wrong.
(4) Only statement (a) is correct.
**Correct Answer: (2) Only statement (b) is correct.**
,**Rationale:** Statement (a) is incorrect because old order legislation is defined as legislation enacted
before the interim Constitution took effect, not the final Constitution. Statement (b) correctly lists the
types of original legislation. (See Botha pp 12-16, paras 2.2.1 and 2.2.2(ii)) .
---
**Question 2**
In the case of S v Koopman 1991 (1) SA 474 (NC):
(a) The accused was found guilty of contravening the Criminal Procedure Act 51 of 1977.
(b) The accused was sentenced to life imprisonment.
(c) The court used section 11 of the Interpretation Act 33 of 1957 to arrive at a just conclusion.
(d) The presumption against futile and nugatory provisions assisted the court in reaching its decision.
(1) All the statements are correct.
(2) All the statements are wrong.
(3) Only statement (a) is correct.
(4) Only statements (a) and (b) are correct.
(5) Only statements (c) and (d) are correct.
**Correct Answer: (5) Only statements (c) and (d) are correct.**
**Rationale:** In S v Koopman, the court applied section 11 of the Interpretation Act and relied on the
presumption against futile and nugatory provisions. The accused was not found guilty of contravening
the Criminal Procedure Act, nor was he sentenced to life imprisonment. (See Botha p 40, para 4.4) .
---
, **Question 3**
The intention of the legislature is not considered during the interpretation process because:
(a) Some members of parliament will only support legislation for the sake of party unity but may be
personally opposed to a Bill.
(b) Some members of parliament may oppose the legislation for various reasons, with the result that the
legislation ultimately only reflects the 'intention' of the majority.
(c) We cannot expect all parliamentarians to understand complex and highly specialized technical
legislation.
(d) The Bill is not drafted by parliamentarians themselves, but by drafters acting on the advice of
bureaucrats.
(e) Some members of the legislative body might be absent when voting on a bill takes place.
(1) All the statements are correct.
(2) Only statements (a), (c), (d) and (e) are correct.
(3) All the statements are wrong.
(4) Only statements (b), (d) and (e) are correct.
(5) Only statements (a), (c) and (e) are correct.
**Correct Answer: (1) All the statements are correct.**
**Rationale:** These are the practical difficulties associated with the "intention of the legislature"
theory. Because of these factors, the focus has shifted from subjective intention to objective purpose of
legislation. (See Botha page 66-67, para 6.1.2) .
---
**Question 4**
What does the term "reading-down" by the courts entail?
