lOMoARcPSD|7394947
IOS 2020 Covid 19 MCQ. INTERPRETATION OF
STATUTES
Interpretation of Statutes (University of South Africa)
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IOS 2020 COVID 19 MCQ
2013 NOV
Question 1 1
Indicate w h i c h statement is NOT correct
Followers of the contextual school claim the following
(1) The court has a creative law-making function during statutory i n t erpretation
(2) It is the task of the court to ensure that the legislative process has a just end
(3) Only when the court applies leqrslatron does 1t become a real and complete, functional
statute
(4) The court should interpret leqrslation only within the framework of the words in the
leprslatron
Question 1.2
Promulgation refers to ...
(1) the different stages, readings and processes through which legislation has to pass before rt
rs accepted and issued by the relevant leg1slat1vebody
(2) the process by which the judrciary may modify or adapt the ordinary meaning of a leqrslatrve
provrsion in such a way that rt conforms to the purpose or aim of the leqrslatron
(3) the process by which leqrslatron commences and ts formally put into operation
(4) the process whereby leqrslation which rs alleged to be in conflict with the Constitution rs
reviewed or tested by the court
Question 1 3
Although they are published m the Government Gazette, the following documents
do not constitute legislation
(1) Notices, reports, bills, drscussron documents and proclamations
(2) Notices, reports, bills, drscussron documents and advertisements
(3) Notices, reports, bills, drscussion documents and the Constttution
(4) Notices, reports, bills, discussion documents and regulations
Question 1.4
In R v Mazibuko 1958 (4) SA 353 (A):
(1) the appellant appealed against a sentence to life rrnpnsonrnent imposed for robbery
(2) the appellant relied on the principle that a harsher penalty could only have been imposed in
respect of crimes committed before the amendment came into effect
(3) the court found that rf the penalty provided for in an Act rs increased by an amending Act,
the presumption against retrospectivrty applies
(4) the court relied on the common-law rule that rf there rs a difference m penalties between the
date of the crime and the date of the trial, the date of the trial will be decrsrvs r
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Question 1 5
Section 13 of the Interpretation Act 33of1957 states that leqrslatron may commence ...
(1) when rt rs published in the Government Gazette or on a date specrtied m the legislation or
on an unspecified date still to be proclaimed by the President or the Premier of a province
(2) when 1t rs published m the Government Gazette or on a date specrned in the leqrslatron or
when rt ts published m a national newspaper
(3) when rt rs published m the Government Gazette or on an unspecifted date still to be
proclaimed by the Minister of Justice and Consntutronal Development
(4) when 1t rs published in the Government Gazette or on a date specified m the leqrslatron or at
the time when rt becomes known throughout the country through mass information
carnpaipns/sessrons
Question 1 6
In the case of . .... . ..... the court acknowledged the unqualified application of
the
Constitution's preamble
(1) Public Gamers Assocteuon v Toll Road Concesstonenes (Ply) Ltd 1990 SA 925 (A)
(2) Qozelent v Mtmster of Law and Order 1994 (3) SA 625 (E)
(3) Brown v Cape Dtvtsionet Council 1979 (1) SA 589 (A)
(4) Cnotebhe. v Unton Government 1911 AD 24
Question 1 7
Thernbi was found guilty of improper conduct and is aggrieved by the finding
of the disciplinary tribunal She wishes to lodge an appeal m terms of section
27(2) of the Planning Professions Act 36 of 2002, against the decisron of the
discrplmary tribunal. Section 27(2) of the Planning Professions Act provides
that "the appeal must be lodged, in the manner prescribed and upon payment
of the fees prescribed by the Council, within 30 days after the Council or
d1sc1plmarytribunal has informed the appellant of its decision and the appeal
board must consider and decide the appeal". The disciplinary tribunal informed
her of its decision on 5 March 2013. Using the statutory method of computation
of days, when must Thembr's appeal be lodged?
(1) 6Apnl2013
(2) 3 Apnl 2013
(3) 5 April 2013
(4) 4 April 2013
Question 1.8
Tradrtronally, the South African rules of statutory interpretation were based on ?
a supreme constrtutron
TURN OVER
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sovereignty of parliament
TURN OVER
Downloaded by Tinomuda Nhongo ()
IOS 2020 Covid 19 MCQ. INTERPRETATION OF
STATUTES
Interpretation of Statutes (University of South Africa)
StuDocu is not sponsored or endorsed by any college or university
Downloaded by Tinomuda Nhongo ()
, lOMoARcPSD|7394947
IOS 2020 COVID 19 MCQ
2013 NOV
Question 1 1
Indicate w h i c h statement is NOT correct
Followers of the contextual school claim the following
(1) The court has a creative law-making function during statutory i n t erpretation
(2) It is the task of the court to ensure that the legislative process has a just end
(3) Only when the court applies leqrslatron does 1t become a real and complete, functional
statute
(4) The court should interpret leqrslation only within the framework of the words in the
leprslatron
Question 1.2
Promulgation refers to ...
(1) the different stages, readings and processes through which legislation has to pass before rt
rs accepted and issued by the relevant leg1slat1vebody
(2) the process by which the judrciary may modify or adapt the ordinary meaning of a leqrslatrve
provrsion in such a way that rt conforms to the purpose or aim of the leqrslatron
(3) the process by which leqrslatron commences and ts formally put into operation
(4) the process whereby leqrslation which rs alleged to be in conflict with the Constitution rs
reviewed or tested by the court
Question 1 3
Although they are published m the Government Gazette, the following documents
do not constitute legislation
(1) Notices, reports, bills, drscussron documents and proclamations
(2) Notices, reports, bills, drscussron documents and advertisements
(3) Notices, reports, bills, drscussion documents and the Constttution
(4) Notices, reports, bills, discussion documents and regulations
Question 1.4
In R v Mazibuko 1958 (4) SA 353 (A):
(1) the appellant appealed against a sentence to life rrnpnsonrnent imposed for robbery
(2) the appellant relied on the principle that a harsher penalty could only have been imposed in
respect of crimes committed before the amendment came into effect
(3) the court found that rf the penalty provided for in an Act rs increased by an amending Act,
the presumption against retrospectivrty applies
(4) the court relied on the common-law rule that rf there rs a difference m penalties between the
date of the crime and the date of the trial, the date of the trial will be decrsrvs r
TURN OVER
Downloaded by Tinomuda Nhongo ()
, lOMoARcPSD|7394947
3 1082601
Oct/Nov 2013
Question 1 5
Section 13 of the Interpretation Act 33of1957 states that leqrslatron may commence ...
(1) when rt rs published in the Government Gazette or on a date specrtied m the legislation or
on an unspecified date still to be proclaimed by the President or the Premier of a province
(2) when 1t rs published m the Government Gazette or on a date specrned in the leqrslatron or
when rt ts published m a national newspaper
(3) when rt rs published m the Government Gazette or on an unspecifted date still to be
proclaimed by the Minister of Justice and Consntutronal Development
(4) when 1t rs published in the Government Gazette or on a date specified m the leqrslatron or at
the time when rt becomes known throughout the country through mass information
carnpaipns/sessrons
Question 1 6
In the case of . .... . ..... the court acknowledged the unqualified application of
the
Constitution's preamble
(1) Public Gamers Assocteuon v Toll Road Concesstonenes (Ply) Ltd 1990 SA 925 (A)
(2) Qozelent v Mtmster of Law and Order 1994 (3) SA 625 (E)
(3) Brown v Cape Dtvtsionet Council 1979 (1) SA 589 (A)
(4) Cnotebhe. v Unton Government 1911 AD 24
Question 1 7
Thernbi was found guilty of improper conduct and is aggrieved by the finding
of the disciplinary tribunal She wishes to lodge an appeal m terms of section
27(2) of the Planning Professions Act 36 of 2002, against the decisron of the
discrplmary tribunal. Section 27(2) of the Planning Professions Act provides
that "the appeal must be lodged, in the manner prescribed and upon payment
of the fees prescribed by the Council, within 30 days after the Council or
d1sc1plmarytribunal has informed the appellant of its decision and the appeal
board must consider and decide the appeal". The disciplinary tribunal informed
her of its decision on 5 March 2013. Using the statutory method of computation
of days, when must Thembr's appeal be lodged?
(1) 6Apnl2013
(2) 3 Apnl 2013
(3) 5 April 2013
(4) 4 April 2013
Question 1.8
Tradrtronally, the South African rules of statutory interpretation were based on ?
a supreme constrtutron
TURN OVER
Downloaded by Tinomuda Nhongo ()
, lOMoARcPSD|7394947
3 1082601
Oct/Nov 2013
sovereignty of parliament
TURN OVER
Downloaded by Tinomuda Nhongo ()
