IOS2601
Assignment 01
Semester 1
2022
Student number:
xxxxxxxxxxxx
Unique number:
753780
Due date 31 March 2022
Question
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. (6)
[26]
QUESTION 2
2.1 Section 29 of the Marriage Act 25 of 1961 reads as follows: “A marriage officer shall
solemnize any marriage in a church or other building used for religious purposes or in a
public office or private dwelling-house, with open doors”. Jasmine recently concluded a
wedding ceremony with Joseph in the front garden of her mother’s riverside home. A
friend later told her that she is, for this reason, not legally married. She wants to know
from you whether her friend is correct. In your answer to her explain:
, 2.1.1 What is the difference between peremptory and directory statutory provisions? (2)
2.1.2 What is the effect of non-compliance with each type of provision? (2)
2.1.3 Which semantic and jurisprudential guidelines are usually used to distinguish
between the two types of statutory provisions? (10)
2.2 NAME AND DISCUSS the various dimensions of the “practical inclusive method of
interpretation” favored by Botha. (10)
[24]
TOTAL {50}
Answers
Assignment 01
Semester 1
2022
Student number:
xxxxxxxxxxxx
Unique number:
753780
Due date 31 March 2022
Question
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. (6)
[26]
QUESTION 2
2.1 Section 29 of the Marriage Act 25 of 1961 reads as follows: “A marriage officer shall
solemnize any marriage in a church or other building used for religious purposes or in a
public office or private dwelling-house, with open doors”. Jasmine recently concluded a
wedding ceremony with Joseph in the front garden of her mother’s riverside home. A
friend later told her that she is, for this reason, not legally married. She wants to know
from you whether her friend is correct. In your answer to her explain:
, 2.1.1 What is the difference between peremptory and directory statutory provisions? (2)
2.1.2 What is the effect of non-compliance with each type of provision? (2)
2.1.3 Which semantic and jurisprudential guidelines are usually used to distinguish
between the two types of statutory provisions? (10)
2.2 NAME AND DISCUSS the various dimensions of the “practical inclusive method of
interpretation” favored by Botha. (10)
[24]
TOTAL {50}
Answers
