, PLEASE USE THIS DOCUMENT AS A GUIDE ONLY
1. With specific reference to section 13(1) of the Interpretation Act 33 of 1957,what do you
understand by the terms “adoption”, and “commencement” oflegislation?
Adoption of legislation refers to the various stages and readings a Bill must pass through before
being accepted and issued by the legislative body. Once it is passed by the legislature, it
requires presidential assent to become an Act.
Commencement, as per section 13(1) of the Interpretation Act 33 of 1957, is the date when the
law becomes operational. Generally, this is the date the law is first published in the
Government Gazette unless otherwise specified in the law itself. As noted in section 13(2), this
day starts immediately after the previous day expires (Botha, 2012, p. 15; IOS2601, Study
Guide, p. 14).
2. List and briefly discuss the requirements which were laid down in National Coalition for Gay
and Lesbian Equality v Minister of Home Affairs 2000 (2) SA1 (CC), before reading-in or
severance could take place.
The Constitutional Court laid out certain conditions for reading-in or severance to take place.
These include:
Constitutionality: The Court examines whether the legislation, as it stands, aligns with the
constitutional rights, especially non-discrimination and equality.
Minimal Intervention: The Court tends to avoid striking down the legislation entirely if it can
be remedied by reading in or severance, preserving the legislative intent.
Effective Remedy: A reading-in must effectively provide relief without negating the purpose of
the legislation, as shown in the National Coalition case (Botha, 2012, p. 102; IOS2601, Study
Guide, p. 22).
1. With specific reference to section 13(1) of the Interpretation Act 33 of 1957,what do you
understand by the terms “adoption”, and “commencement” oflegislation?
Adoption of legislation refers to the various stages and readings a Bill must pass through before
being accepted and issued by the legislative body. Once it is passed by the legislature, it
requires presidential assent to become an Act.
Commencement, as per section 13(1) of the Interpretation Act 33 of 1957, is the date when the
law becomes operational. Generally, this is the date the law is first published in the
Government Gazette unless otherwise specified in the law itself. As noted in section 13(2), this
day starts immediately after the previous day expires (Botha, 2012, p. 15; IOS2601, Study
Guide, p. 14).
2. List and briefly discuss the requirements which were laid down in National Coalition for Gay
and Lesbian Equality v Minister of Home Affairs 2000 (2) SA1 (CC), before reading-in or
severance could take place.
The Constitutional Court laid out certain conditions for reading-in or severance to take place.
These include:
Constitutionality: The Court examines whether the legislation, as it stands, aligns with the
constitutional rights, especially non-discrimination and equality.
Minimal Intervention: The Court tends to avoid striking down the legislation entirely if it can
be remedied by reading in or severance, preserving the legislative intent.
Effective Remedy: A reading-in must effectively provide relief without negating the purpose of
the legislation, as shown in the National Coalition case (Botha, 2012, p. 102; IOS2601, Study
Guide, p. 22).
