IOS2601
EXAM PACK
FOR ASSISTANCE WITH THIS MODULE +27 67 171 1739
,IOS2601 OCTOBER NOVEMBER 2025 EXAM MEMO
1. Choose one from the following underlines the requirement that legislation only
commences upon publication.
A) That it should be made known to the population to who it applies.
B) That the population should have ample time to comment on it.
C) That it should be gazetted in keeping with common law traditions.
D) That legislation should only pass with a popular mandate from the masses.
Publication ensures that the law is accessible and known, which is a basic
requirement of legality.
2. Choose one from the following which is a factor that led to the adoption of the textual
approach in England.
A) The common-law tradition of England, in which the courts have traditionally
played a very creative role regarding the common-law principles. Legislation
was viewed as the exception to the rule, altering the traditional common law as
little as possible.
B) As a result of Roman-Dutch Law in England.
C) because English law is so clear that only one final interpretation is possible.
D) The textual approach in England is adopted as a last resort, the contextual
approach is considered first in this regard.
Historically, English courts treated legislation as an exception to the common law,
encouraging a stricter, text-focused approach to statutes.
3. In ______________________ the Constitutional Court held that the existing right to
kill a person in self-defence has not been abolished by the Constitution.
A) Soobramoney v Minister if Health, Kwazulu-Natal 1998 (1) SA 765 (CC)
B) Makwanyane and Ex Parte Minister of Safety and Security: in re S v Walters
2002 (4) SA 613 (CC)
C) Govender v Minister of Safety and Security 2001 (4) SA 273
D) S v Makwanyane and Another (CCT3/94) [1995] ZACC 3
, The Constitutional Court confirmed that lawful private defence (self-defence) remains
part of South African law under the Constitution.
4. In Jaga v Dönges 1950 (4) SA 653 (A), Schreiner JA identified four guidelines of
interpretation of statutes. Identify one of the statements below which does not feature
as one of those guidelines.
A) Right from the outset the interpreter may take the wider context of provision into
consideration with the legislative text in question.
B) The grammatical meaning of the legislative text may not seem to be the
relevant contextual factors even if the meaning of the legislation is clear and
unambiguous.
C) Sometimes the wider context may even be more important than the legislative text.
D) Once the meaning of the text and context (language in context) is determined, it
must be applied, irrespective of whether the interpreter is of the opinion that the
legislature intended something else.
Schreiner JA’s approach is “language in context”; option B is phrased in a way that
does not align with that structured approach.
5. In National Coalition for Gay and Lesbian Equality v Minister of Home Affairs 2000
(2) SA 1 (CC) the Constitutional Court laid down several principles to be considered
and followed before reading in or severance is applied. Identify one of the statements
below that is a principle laid down by the court about reading in or severance.
A) The Courts must not be able to define with sufficient precision how the
legislative meaning ought to modified.
B) The remedy of reading in ought to be granted where this would result in
unsupportable budgetary intrusion.
C) Before reading in or severance is applied, special consideration must be given to
stare decisis.
D) Result of reading in/severance must be inconsistent with the Constitution and its
values.
The correct principle is actually the opposite of A: a court must be able to define the
, modification with sufficient precision before it reads words in or severs words out
(this question’s option A appears to be mistakenly worded).
6. In National Coalition for Gay and Lesbian Equality v Minister of Home Affairs 2000
(2) SA 1 (CC), the Constitutional Court laid down several principles to be considered
and followed before _________________________ is applied.
A) Reading-in.
B) Suspension.
C) Repeal.
D) Promulgation.
The case is well known for setting guidelines before the remedy of reading-in (and
similarly severance) is used.
7. In S v Makhubela 1981 (4) SA 210 (B)
A) The accused was charged with the performance of illegal abortions in terms if the
Abortions and Sterilisation Act 2 of 1975.
B) The case dealt with a claim for damages after a police vehicle had collided with a
private motorcar.
C) The court held that the word “drive” should only be construed according to its
dictionary meaning.
D) The court held that the word “drive” should be expanded in line with its
contextual definition.
The court adopted a broader, context-driven understanding rather than a narrow
dictionary meaning.
8. In terms of Section 2 of the Interpretation Act 33 of 1957, the term law is defined
as_______________________
A) Any law which can be enforced against any trespassers.
B) Any law, proclamation, ordinance, Act of Parliament, or other enactment
EXAM PACK
FOR ASSISTANCE WITH THIS MODULE +27 67 171 1739
,IOS2601 OCTOBER NOVEMBER 2025 EXAM MEMO
1. Choose one from the following underlines the requirement that legislation only
commences upon publication.
A) That it should be made known to the population to who it applies.
B) That the population should have ample time to comment on it.
C) That it should be gazetted in keeping with common law traditions.
D) That legislation should only pass with a popular mandate from the masses.
Publication ensures that the law is accessible and known, which is a basic
requirement of legality.
2. Choose one from the following which is a factor that led to the adoption of the textual
approach in England.
A) The common-law tradition of England, in which the courts have traditionally
played a very creative role regarding the common-law principles. Legislation
was viewed as the exception to the rule, altering the traditional common law as
little as possible.
B) As a result of Roman-Dutch Law in England.
C) because English law is so clear that only one final interpretation is possible.
D) The textual approach in England is adopted as a last resort, the contextual
approach is considered first in this regard.
Historically, English courts treated legislation as an exception to the common law,
encouraging a stricter, text-focused approach to statutes.
3. In ______________________ the Constitutional Court held that the existing right to
kill a person in self-defence has not been abolished by the Constitution.
A) Soobramoney v Minister if Health, Kwazulu-Natal 1998 (1) SA 765 (CC)
B) Makwanyane and Ex Parte Minister of Safety and Security: in re S v Walters
2002 (4) SA 613 (CC)
C) Govender v Minister of Safety and Security 2001 (4) SA 273
D) S v Makwanyane and Another (CCT3/94) [1995] ZACC 3
, The Constitutional Court confirmed that lawful private defence (self-defence) remains
part of South African law under the Constitution.
4. In Jaga v Dönges 1950 (4) SA 653 (A), Schreiner JA identified four guidelines of
interpretation of statutes. Identify one of the statements below which does not feature
as one of those guidelines.
A) Right from the outset the interpreter may take the wider context of provision into
consideration with the legislative text in question.
B) The grammatical meaning of the legislative text may not seem to be the
relevant contextual factors even if the meaning of the legislation is clear and
unambiguous.
C) Sometimes the wider context may even be more important than the legislative text.
D) Once the meaning of the text and context (language in context) is determined, it
must be applied, irrespective of whether the interpreter is of the opinion that the
legislature intended something else.
Schreiner JA’s approach is “language in context”; option B is phrased in a way that
does not align with that structured approach.
5. In National Coalition for Gay and Lesbian Equality v Minister of Home Affairs 2000
(2) SA 1 (CC) the Constitutional Court laid down several principles to be considered
and followed before reading in or severance is applied. Identify one of the statements
below that is a principle laid down by the court about reading in or severance.
A) The Courts must not be able to define with sufficient precision how the
legislative meaning ought to modified.
B) The remedy of reading in ought to be granted where this would result in
unsupportable budgetary intrusion.
C) Before reading in or severance is applied, special consideration must be given to
stare decisis.
D) Result of reading in/severance must be inconsistent with the Constitution and its
values.
The correct principle is actually the opposite of A: a court must be able to define the
, modification with sufficient precision before it reads words in or severs words out
(this question’s option A appears to be mistakenly worded).
6. In National Coalition for Gay and Lesbian Equality v Minister of Home Affairs 2000
(2) SA 1 (CC), the Constitutional Court laid down several principles to be considered
and followed before _________________________ is applied.
A) Reading-in.
B) Suspension.
C) Repeal.
D) Promulgation.
The case is well known for setting guidelines before the remedy of reading-in (and
similarly severance) is used.
7. In S v Makhubela 1981 (4) SA 210 (B)
A) The accused was charged with the performance of illegal abortions in terms if the
Abortions and Sterilisation Act 2 of 1975.
B) The case dealt with a claim for damages after a police vehicle had collided with a
private motorcar.
C) The court held that the word “drive” should only be construed according to its
dictionary meaning.
D) The court held that the word “drive” should be expanded in line with its
contextual definition.
The court adopted a broader, context-driven understanding rather than a narrow
dictionary meaning.
8. In terms of Section 2 of the Interpretation Act 33 of 1957, the term law is defined
as_______________________
A) Any law which can be enforced against any trespassers.
B) Any law, proclamation, ordinance, Act of Parliament, or other enactment
