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IOS2601
Interpretation of Statutes
Assignment 1 MEMO
Semester 1 2022
Unique number: -753780 DUE: 31 MARCH 2022
Includes Footnotes and/or Bibliography
DOCUMENT PREVIEW
ASSIGNMENT 01
UNIQUE NUMBER: 753780
DUE DATE: 31 MARCH 2022 ( EXTENDED )
QUESTION 1
1.1 LIST the main grounds (at least five) on which the textualist approach to interpretation may be criticized.
(5)
1.2 DEFINE what interpretation by implication means and then LIST the five (5) main grounds of extension by
implication. (7)
1.3 NAME five (5) generally accepted methods of constitutional interpretation. (5) 1.4 DEFINE what the term
‘law’ means as it is used in the interpretation Act 33 of 1957. (3)
1.5 LIST six (6) factors that supports judicial law making.
QUESTION 2
Continues…
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any
representations or warranties, express or implied. This document is to be used for comparison, research and reference
purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means without
prior written permission from the Author. – LLB EXAMPACKS & TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 084 591 8661 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
, ASSIGNMENT 01
SEMESTER 1/2022
DUE DATE: 31 MARCH 2022
THE UNIQUE NUMBER FOR ASSIGNMENT 01 IS 753780
NB: Assignment 01 will count 10% towards your final mark. If you do not submit the assignment,
you will NOT be admitted to the examination.
INSTRUCTIONS:
Your answer file must be submitted on myUnisa on or before the due date and time. Note that the
MyUnisa tab for submission of assignments will close on the due date and time. You will not be
able to submit or resubmit your assignment after the due date and time.
QUESTION 1
1.1 LIST the main grounds (at least five) on which the textualist approach to interpretation may be
criticized. (5)
This approach was followed prior to 1994. Here the golden rule was followed and there was parliamentary
soverncy. The most important aspect when interpreting was the intention of the legislature (parliament).
The courts had NO law-making function, they could only read the words and apply them.
In Union Government v Mack the textual approach was critised as follows:
1. Common law presumptions are used as a last resort
2. The narrow approach (words are given their ordinary meaning) was regarded as the primary index
3. Internal and External aids were ignored
4. The intention of the legislature is dependent on how clear the language used in the text is to the
particular court
5. Few texts are so clear that only one interpretation is possible
The textual approach left little room for judicial law making or the existence of judicial discretion.
SELLING” memos for the year 2021.
A +
IOS2601
Interpretation of Statutes
Assignment 1 MEMO
Semester 1 2022
Unique number: -753780 DUE: 31 MARCH 2022
Includes Footnotes and/or Bibliography
DOCUMENT PREVIEW
ASSIGNMENT 01
UNIQUE NUMBER: 753780
DUE DATE: 31 MARCH 2022 ( EXTENDED )
QUESTION 1
1.1 LIST the main grounds (at least five) on which the textualist approach to interpretation may be criticized.
(5)
1.2 DEFINE what interpretation by implication means and then LIST the five (5) main grounds of extension by
implication. (7)
1.3 NAME five (5) generally accepted methods of constitutional interpretation. (5) 1.4 DEFINE what the term
‘law’ means as it is used in the interpretation Act 33 of 1957. (3)
1.5 LIST six (6) factors that supports judicial law making.
QUESTION 2
Continues…
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any
representations or warranties, express or implied. This document is to be used for comparison, research and reference
purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means without
prior written permission from the Author. – LLB EXAMPACKS & TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 084 591 8661 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
, ASSIGNMENT 01
SEMESTER 1/2022
DUE DATE: 31 MARCH 2022
THE UNIQUE NUMBER FOR ASSIGNMENT 01 IS 753780
NB: Assignment 01 will count 10% towards your final mark. If you do not submit the assignment,
you will NOT be admitted to the examination.
INSTRUCTIONS:
Your answer file must be submitted on myUnisa on or before the due date and time. Note that the
MyUnisa tab for submission of assignments will close on the due date and time. You will not be
able to submit or resubmit your assignment after the due date and time.
QUESTION 1
1.1 LIST the main grounds (at least five) on which the textualist approach to interpretation may be
criticized. (5)
This approach was followed prior to 1994. Here the golden rule was followed and there was parliamentary
soverncy. The most important aspect when interpreting was the intention of the legislature (parliament).
The courts had NO law-making function, they could only read the words and apply them.
In Union Government v Mack the textual approach was critised as follows:
1. Common law presumptions are used as a last resort
2. The narrow approach (words are given their ordinary meaning) was regarded as the primary index
3. Internal and External aids were ignored
4. The intention of the legislature is dependent on how clear the language used in the text is to the
particular court
5. Few texts are so clear that only one interpretation is possible
The textual approach left little room for judicial law making or the existence of judicial discretion.
