IOS2601
EXAM PACK
Solutions, Explanations, workings, and references
+27 81 278 3372
,MAY JUNE
2023
EXAM
, IOS2601 EXAM 2023
1. In R v Mazibuko 1958 (4) SA 353 (A)?
a. The court relied on the common law rule that if there is a difference in
penalties between the date of the crime and the date of the trial, the date of
the trial will be decisive.
b. The appellant relied on the principle that harsher penalty could only have
been imposed in respect of crimes that committed before the amendment
came into effect.
c. The court found that if the penalty provided for in an Act is increased by an
amending Act, the presumption against retrospectivity applies.
d. The appellant appealed against a sentence of life imprisonment imposed for
robbery.
2. In which one of the following instances will the principle that legislation only
applies to the future not apply?
a. When legislation changes procedure.
b. Denies a benefit to an accused.
c. When legislation does not change procedure.
d. When legislation deals with the limitation clause of section 36 of the
constitution.
3. In which case were the techniques for interpretation of statutes identified, with
the exception of comparative interpretation?
a. Sigcau v Sigcau 1941 CPD 334
b. Daniel v Campbell 2004 (5) SA 331 (CC)
c. Fouri v Minister of Home Affairs 2005 (3) SA 429 (SCA)
d. Minister v Land Affairs v Slamdien 1999 (4) BCLR (LCC) 422 para 17
EXAM PACK
Solutions, Explanations, workings, and references
+27 81 278 3372
,MAY JUNE
2023
EXAM
, IOS2601 EXAM 2023
1. In R v Mazibuko 1958 (4) SA 353 (A)?
a. The court relied on the common law rule that if there is a difference in
penalties between the date of the crime and the date of the trial, the date of
the trial will be decisive.
b. The appellant relied on the principle that harsher penalty could only have
been imposed in respect of crimes that committed before the amendment
came into effect.
c. The court found that if the penalty provided for in an Act is increased by an
amending Act, the presumption against retrospectivity applies.
d. The appellant appealed against a sentence of life imprisonment imposed for
robbery.
2. In which one of the following instances will the principle that legislation only
applies to the future not apply?
a. When legislation changes procedure.
b. Denies a benefit to an accused.
c. When legislation does not change procedure.
d. When legislation deals with the limitation clause of section 36 of the
constitution.
3. In which case were the techniques for interpretation of statutes identified, with
the exception of comparative interpretation?
a. Sigcau v Sigcau 1941 CPD 334
b. Daniel v Campbell 2004 (5) SA 331 (CC)
c. Fouri v Minister of Home Affairs 2005 (3) SA 429 (SCA)
d. Minister v Land Affairs v Slamdien 1999 (4) BCLR (LCC) 422 para 17
