IOS2601 EXAM (ACTUAL 2025)
Basic principles: The initial meaning of text
The text-based approach no longer has any place in statutory
interpretation. Of course, the reading of the text is necessary
but as has been pointed out, the legislation as a whole and its
context play an equally important role in the interpretation
process.
Basic principles: Every word is important
The principle that a meaning must be assigned to every word
derives from the rule that words are to be understood
according to their ordinary meaning. Strictly speaking, this is
a principle which applies when text is read.
Presumptions about specific circumstances : Peremtotry
provision
1. Where legislation confers a right, privilege or immunity,
the requirements are peremptory and the right, privilege or
immunity cannot be validly obtained unless the prescribed
formalities are fully complied with. Where the freedom
,IOS2601 EXAM (ACTUAL 2025)
of an individual is at stake the court will stress the peremptory
nature of a requirement.
2. If a provision requires that a certain act must be performed
within a prescribed time and the court has not been
empowered to grant an extension of the time limit, the
requirement is presumed to be peremptory.
Presumptions about specific circumstances: Directory
provision
1. Where legislation protects the public revenue, a
presumption against nullity exists, even if a penal clause has
been added.
2. If other provisions in the legislation could become
superfluous when non-compliance with prescribed
requirements results in the nullity that the requirements are
merely directory.
Constitutional Interpretation and Ordinary Interpretation
Section 39(2) of the Constitution prescribes the filtering of
legislation through the fundamental rights during the ordinary
,IOS2601 EXAM (ACTUAL 2025)
interpretation process. Constitutional interpretation refers to
the authoritative interpretation of the Supreme Constitution by
the judiciary during the judicial review of the constitutionality
of legislation and government action in terms of section 172
of the Constitution. This difference between constitutional and
ordinary interpretation was explained by Froneman j in
Matiso v Commanding Officer.
The Supreme Constitution and ordinary legislation
The status of a supreme Constitution in the legal order is the
main reason for the difference between constitutional
interpretation and ordinary interpretation. The old system of
parliament sovereignty is no more. The Constitution is now
the frame of reference within which everything must function
and against which all actions must be tested.
Constitutional Guidelines
1. A supreme Constitution must be given a generous and
purposive interpretation
2. Case law also refers to a liberal interpretation of the
Constitution. A liberal interpretation does not have a political
connotation but refers to flexibility and generosity. The
, IOS2601 EXAM (ACTUAL 2025)
Constitution must be liberally construed, taking into account
its terms and spirit, the intention of the framers and the
objectives of and reasons for the legislation.
3. During the interpretation of the Constitution, its spirit and
tenor must be adhered to. This means the values and moral
standards underpinning the Constitution must be taken into
account though out the entire interpretation process.
4. A provision in the Constitution can't be interpreted in
isolation but must be read in the context as a whole. The
context includes the historical factors that led to the adoption
of the Constitution in general and the fundamental rights in
particular.
5. Respect must be paid to the language employed in the
Constitution. Although the text is balanced and qualified by
various contextual factors, the context is anchored to the
particular constitutional text.
6. In S v A Juvenile, the court stressed the fact that the
Constitution, as the supreme law of the land, has bestowed on
the court the sacred trust of protecting human rights.
7. The Constitution was drafted with a view to the future,
providing a continuing framework for the legitimate exercise
Basic principles: The initial meaning of text
The text-based approach no longer has any place in statutory
interpretation. Of course, the reading of the text is necessary
but as has been pointed out, the legislation as a whole and its
context play an equally important role in the interpretation
process.
Basic principles: Every word is important
The principle that a meaning must be assigned to every word
derives from the rule that words are to be understood
according to their ordinary meaning. Strictly speaking, this is
a principle which applies when text is read.
Presumptions about specific circumstances : Peremtotry
provision
1. Where legislation confers a right, privilege or immunity,
the requirements are peremptory and the right, privilege or
immunity cannot be validly obtained unless the prescribed
formalities are fully complied with. Where the freedom
,IOS2601 EXAM (ACTUAL 2025)
of an individual is at stake the court will stress the peremptory
nature of a requirement.
2. If a provision requires that a certain act must be performed
within a prescribed time and the court has not been
empowered to grant an extension of the time limit, the
requirement is presumed to be peremptory.
Presumptions about specific circumstances: Directory
provision
1. Where legislation protects the public revenue, a
presumption against nullity exists, even if a penal clause has
been added.
2. If other provisions in the legislation could become
superfluous when non-compliance with prescribed
requirements results in the nullity that the requirements are
merely directory.
Constitutional Interpretation and Ordinary Interpretation
Section 39(2) of the Constitution prescribes the filtering of
legislation through the fundamental rights during the ordinary
,IOS2601 EXAM (ACTUAL 2025)
interpretation process. Constitutional interpretation refers to
the authoritative interpretation of the Supreme Constitution by
the judiciary during the judicial review of the constitutionality
of legislation and government action in terms of section 172
of the Constitution. This difference between constitutional and
ordinary interpretation was explained by Froneman j in
Matiso v Commanding Officer.
The Supreme Constitution and ordinary legislation
The status of a supreme Constitution in the legal order is the
main reason for the difference between constitutional
interpretation and ordinary interpretation. The old system of
parliament sovereignty is no more. The Constitution is now
the frame of reference within which everything must function
and against which all actions must be tested.
Constitutional Guidelines
1. A supreme Constitution must be given a generous and
purposive interpretation
2. Case law also refers to a liberal interpretation of the
Constitution. A liberal interpretation does not have a political
connotation but refers to flexibility and generosity. The
, IOS2601 EXAM (ACTUAL 2025)
Constitution must be liberally construed, taking into account
its terms and spirit, the intention of the framers and the
objectives of and reasons for the legislation.
3. During the interpretation of the Constitution, its spirit and
tenor must be adhered to. This means the values and moral
standards underpinning the Constitution must be taken into
account though out the entire interpretation process.
4. A provision in the Constitution can't be interpreted in
isolation but must be read in the context as a whole. The
context includes the historical factors that led to the adoption
of the Constitution in general and the fundamental rights in
particular.
5. Respect must be paid to the language employed in the
Constitution. Although the text is balanced and qualified by
various contextual factors, the context is anchored to the
particular constitutional text.
6. In S v A Juvenile, the court stressed the fact that the
Constitution, as the supreme law of the land, has bestowed on
the court the sacred trust of protecting human rights.
7. The Constitution was drafted with a view to the future,
providing a continuing framework for the legitimate exercise
