INTERPRETATION OF STATUES - IOS2601
ASSIGNMENT 01
, Question 1 [25]
(a) LIST the main grounds (at least five) on which the textualist approach to interpretation may be
criticised. (5)
There are various grounds on which the textualist approach to interpretation may be criticised. The five
main ones are:
1) Presumptions and context is ignored
2) The approach is to narrow
3) The literal approach is inherently subjective and depends on the interpreter's understanding of
the words
4) Very few legislative texts are so clear that only one interpretation is possible
5) The textual approach leaves very little room for judicial law-making or for the exercise of a judicial
discretion
(b) DEFINE what “interpretation by implication” means, and then briefly DESCRIBE the three
main grounds of extension by implication. (5)
Interpretation by implication entails extending the textual meaning on the ground of a reasonable and
essential implication which is evident from the legislation. Express provisions are as a result extended by
implied provisions.
Interpretation ex contrariis entails that implications arise from opposites. If legislation provides for a
specific situation, by implication it makes a contrary provision for the opposite situation.
Ex consequentibus means that, if legislation demands or allows a certain result or consequence,
everything which is reasonably necessary to bring about that result or consequence may be implied (in
other words, instances where additional powers or authority are implied as a result of the initial express
power or authority).
With regard to the Ex accessorio eius de quo verba loquuntur, if a principal thing is forbidden or
permitted, the accessory thing is also forbidden or permitted.
(c) DEFINE what the term “law” means as it is used in the Interpretation Act 33 of 1957 (5)
Section 2 of the Interpretation Act 33 of 1957 defines law as proclamation, Ordinance, Act of Parliament
or other enactment having the force of law. Law in this definition does not include common law. Section
1 of the Interpretation Act provides that; the provisions of this Act shall apply to the interpretation of every
law in force, at or after the commencement of this Act, in the Republic or any portion thereof, and to the
ASSIGNMENT 01
, Question 1 [25]
(a) LIST the main grounds (at least five) on which the textualist approach to interpretation may be
criticised. (5)
There are various grounds on which the textualist approach to interpretation may be criticised. The five
main ones are:
1) Presumptions and context is ignored
2) The approach is to narrow
3) The literal approach is inherently subjective and depends on the interpreter's understanding of
the words
4) Very few legislative texts are so clear that only one interpretation is possible
5) The textual approach leaves very little room for judicial law-making or for the exercise of a judicial
discretion
(b) DEFINE what “interpretation by implication” means, and then briefly DESCRIBE the three
main grounds of extension by implication. (5)
Interpretation by implication entails extending the textual meaning on the ground of a reasonable and
essential implication which is evident from the legislation. Express provisions are as a result extended by
implied provisions.
Interpretation ex contrariis entails that implications arise from opposites. If legislation provides for a
specific situation, by implication it makes a contrary provision for the opposite situation.
Ex consequentibus means that, if legislation demands or allows a certain result or consequence,
everything which is reasonably necessary to bring about that result or consequence may be implied (in
other words, instances where additional powers or authority are implied as a result of the initial express
power or authority).
With regard to the Ex accessorio eius de quo verba loquuntur, if a principal thing is forbidden or
permitted, the accessory thing is also forbidden or permitted.
(c) DEFINE what the term “law” means as it is used in the Interpretation Act 33 of 1957 (5)
Section 2 of the Interpretation Act 33 of 1957 defines law as proclamation, Ordinance, Act of Parliament
or other enactment having the force of law. Law in this definition does not include common law. Section
1 of the Interpretation Act provides that; the provisions of this Act shall apply to the interpretation of every
law in force, at or after the commencement of this Act, in the Republic or any portion thereof, and to the
