Legal Philosophy LJU4801 PORTFOLIO ASSESSMENT 4, 2022

LEGAL PHILOSOPHY
LJU4801
PORTFOLIO - ASSESSMENT 4


2022


Written by

Camecia Cass




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PORTFOLIO ASSESSMENT 4: 2022


De Beer and Others v Minister of Cooperative Governance and Traditional Affairs 2020 (11) BCLR 1349
(GP).

THEORY OF INTERPRETATION

De Beer and Others v Minister of Cooperative Governance and Traditional Affairs 2020 (11) BCLR 1349 (GP)
has attracted much public interest, where the validity of the declaration of a National State of Disaster by the
Minister of Cooperative Governance and Traditional Affairs (“the Minister”)1, came under the loop.

In determining the case, the court, acting as the legislature's delegate, applied postmodern theory2. This
hypothesis is based on "How Judges Decide Cases"3 and more specifically how developments in language
theory influences the law4,


1
De Beer and Others v Minister of Cooperative Governance and Traditional Affairs 2020 (11) BCLR 1349
GP).
2
Kroeze IJ Legal philosophy: Only study guide for LJU4801 (Unisa Press Pretoria 2017)121.
3
Kroeze IJ Legal philosophy, 103.
4
Kroeze IJ Legal philosophy, 121.