IOS2601 EXAM PACK Written By ANGELA VUSHE

2016 MCQs All Suggested Correct answers are highlighted in red Question 1 South African common law is known as... (1) English-Dutch law. (2) Latin law. (3) Roman-Dutch law. (4) Roman law. Question 2 According to the Constitution, the legislative menu consists of several items, such as municipal by-laws. Which of the following is NOT an item on the legislative menu? (1) Green Paper and White Paper policy legislation. (2) Provincial and national legislation. (3) Assigned legislation. (4) Instruments of subordinate legislation, proclamations and regulations. Question 3 Subordinate legislation is sometimes also referred to as... (1) original or supreme legislation. (2) direct or indirect legislation. (3) Secondary or delegated legislation. (4) Primary legislation. Question 4 Section 13 of the Interpretation Act 33 of 1957 states that legislation may commence... (1) when it is published in the Government Gazette or on a date specified in the legislation or on an unspecified date still to be proclaimed by the President or the Premier of a province. © 2017Together We Pass. All rights reserved. pg. 3 (2) when it is published in the Government Gazette or on a date specified in the legislation or when it is published in a national newspaper. (3) when it is published in the Government Gazette or on an unspecified date still to be proclaimed b the Minister of Justice and Constitutional Development. (4) When it is published in the Government Gazette or on a date specified in the legislation or at the time when it becomes known throughout the country through mass information campaigns/ sessions. Question 5 A directory statutory provision requires. (1) exact compliance. (2) direct compliance. (3) strict adherence. (4) substantial compliance. Question 6 In Bezuidenhout v AA Mutual Insurance Association Ltd 1987 (1) SA 703 (A) the court held the following: (1) A word or words with an imperative or affirmative character indicate a peremptory provision. (2) Words in a negative form indicate a peremptory connotation. (3) The word “shall” is a strong indication that the provision is peremptory. (4) If the provision is formulated in flexible or vague terms, it is an indication that it is directory. Only statement (3) is correct. See Botha (2012) pages 177-178, paragraph 8.2.1. Question 7 Grammatical interpretation focuses on: (1) The clarification of the meaning of a particular constitutional provision in conjunction with the Constitution as a whole. (2) A construction that is congruent with the aim and purpose of the provision and with fundamental constitutional values must be determined. (3) The term refers to the process by means of which the court examines international law and the constitutional decisions of foreign courts. (4) The linguistic and grammatical meaning of the words, phrases, sentences and other structural components of the text. Only statement (4) is correct. See Botha (2012) pages 192-193, paragraph 9.3.2(a). Question 8 Comparative interpretation entails: (1) That the travaux preparatoires of the Constitution may be consulted as an external aid, but they cannot be the deciding factor. © 2017Together We Pass. All rights reserved. pg. 4 (2) A process during which the court examines international law and the constitutional decisions of foreign courts. (3) An acknowledgement of the importance of the role of the language of the constitutional text. (4) That the values and moral standards underpinning the Constitution must be taken into account throughout. Question 9 Fill in the missing words. According to your prescribed textbook, the various dimensions of the “practical inclusive method of interpretation” include the language or grammatical aspect, the systematic aspect, the ... aspect, the historical aspect and the ... aspect. (1) value-based or teleological; comparative (2) contextual; textual (3) peremptory; directory (4) internal; external Only statement (1) is correct. See Botha (2012) pages 105-110, paragraph 5.3.4. Question 10 In the case of ... the court acknowledged the unqualified application of the preamble to the Constitution. (1) Public Carriers Association v Toll Road Concessionaries (Pty) Ltd 1990 (1) SA 925 (A) (2) Qozeleni v Minister of Law and Order 1994 (3) SA 625 (E) (3) Brown v Cape Divisional Council (4) Chotabhai v Union Government 1911 AD 24 Question 11 What does the term “repeal” refer to in the context of statutory interpretation? (1) The process whereby legislation is declared unconstitutional. (2) The process whereby legislation is invalidated. (3) The process whereby legislation is removed from the statute book. (4) The process whereby courts declare a statute legally unacceptable. Question 12 The presumption that legislation does not intend to change the existing law more than is necessary may be rebutted in the following circumstances. Which of the following is correct? (1) If the legislation clearly provides that the common law is being altered. (2) If the legislation contradicts the common law in a minor way. (3) If the legislation can be interpreted in a way that is in accordance with existing law. (4) Where the legislation is plainly not intended to alter the course of the common law