Due 2025
, Interpretation of Statutes
(a) Facts of the Jaga Case (6 marks)
In Jaga v Dönges, N.O. and Another 1950 (4) SA 653 (A), the court considered section 3(1) of
the Aliens Act 1937. Jaga, an Indian national, had been convicted under this law and faced
deportation. The central issue was whether both conviction and sentencing needed to occur
within South Africa to authorize deportation, or if a conviction alone sufficed. The case
highlighted the tension between interpreting statutes strictly according to their text versus
considering the broader legislative purpose. The majority favored a literal interpretation, while
the minority supported a purposive and contextual reading.
(b) Dominant Interpretive Approach before 1994 – Majority in Jaga (14 marks)
Before the 1996 Constitution, South African courts predominantly applied the literal rule of
statutory interpretation. Judges interpreted statutes according to their plain, grammatical
meaning, only departing from this approach if it produced absurd or unreasonable outcomes. In
Jaga, the majority held that statutory wording was the primary guide, with context or legislative
intent only relevant if ambiguity arose. This approach emphasized strict adherence to
parliamentary intent as expressed in the text. While it promoted certainty and predictability, it
could also produce rigid or unfair results, particularly under apartheid laws, where literalism
often reinforced discriminatory policies.
(c) Alternative Interpretive Approach – Minority in Jaga (15 marks)
The minority in Jaga endorsed a purposive and contextual approach. They argued that the
meaning of a statute could not be understood in isolation from its legislative and social context.
According to this view, both the wording and the purpose of the Act should be considered
simultaneously, irrespective of textual clarity. Applying this approach, the minority concluded
that deportation could be based on conviction alone, as the Aliens Act aimed to regulate
undesirable foreign nationals. Although not adopted at the time, this method anticipated the
post-constitutional shift towards purposive interpretation grounded in fairness and justice.
(d) Section 39(2) of the Constitution and the New Approach – Bato Star (15 marks)
, Interpretation of Statutes
(a) Facts of the Jaga Case (6 marks)
In Jaga v Dönges, N.O. and Another 1950 (4) SA 653 (A), the court considered section 3(1) of
the Aliens Act 1937. Jaga, an Indian national, had been convicted under this law and faced
deportation. The central issue was whether both conviction and sentencing needed to occur
within South Africa to authorize deportation, or if a conviction alone sufficed. The case
highlighted the tension between interpreting statutes strictly according to their text versus
considering the broader legislative purpose. The majority favored a literal interpretation, while
the minority supported a purposive and contextual reading.
(b) Dominant Interpretive Approach before 1994 – Majority in Jaga (14 marks)
Before the 1996 Constitution, South African courts predominantly applied the literal rule of
statutory interpretation. Judges interpreted statutes according to their plain, grammatical
meaning, only departing from this approach if it produced absurd or unreasonable outcomes. In
Jaga, the majority held that statutory wording was the primary guide, with context or legislative
intent only relevant if ambiguity arose. This approach emphasized strict adherence to
parliamentary intent as expressed in the text. While it promoted certainty and predictability, it
could also produce rigid or unfair results, particularly under apartheid laws, where literalism
often reinforced discriminatory policies.
(c) Alternative Interpretive Approach – Minority in Jaga (15 marks)
The minority in Jaga endorsed a purposive and contextual approach. They argued that the
meaning of a statute could not be understood in isolation from its legislative and social context.
According to this view, both the wording and the purpose of the Act should be considered
simultaneously, irrespective of textual clarity. Applying this approach, the minority concluded
that deportation could be based on conviction alone, as the Aliens Act aimed to regulate
undesirable foreign nationals. Although not adopted at the time, this method anticipated the
post-constitutional shift towards purposive interpretation grounded in fairness and justice.
(d) Section 39(2) of the Constitution and the New Approach – Bato Star (15 marks)
