IOS2601 Revision Questions & Memo 2021

INTERPRETATION OF STATUTES IOS2601 Revision Questions & Memo IOS201-S 2 REVISION QUESTIONS & MEMO CHAPTER 1 1. Explain the difference between proclamation and promulgation (5) A proclamation is a specific category of subordinate legislation. Promulgation is the process by which legislation is made known to the population. In terms of section 13 of the Interpretation Act 33 of 1957, legislation commences when it is published in an official gazette unless another date is specified. 2. What are the three phases or interpretive process in the model that is suggested by Botha in the textbook? Explain each phase briefly. (6) The three phases used by Botha (these are not rules or principles of interpretation) are the initial phase, the research phase and the concretisation phase. In the first phase the initial meaning of the Iegislative text is established (subject to the understanding that the Constitution, the common law presumptions and the purpose of the legislature will all be taken into account with the initial grammatical meaning of the text). In the research phase, intratextual and extra-textual aids are studied to ascertain the purpose of legislation. During the concretisation phase, the legislative text, the purpose, the facts of the case and the constitutional values are weighed against each other in order to reach a conclusion. 3. Define what the term “law” means as it is used in the Interpretation Act 33 of 1957. (5) "Law" means "any law, proclamation, ordinance, Act of Parliament, or any other enactment having the force of the law". 4. List five reasons why even a complete knowledge of all the rules and principles of statutory interpretation would not guarantee the production of correct interpretations in a computerised fashion. (5)  Many rules of interpretation overlap and cannot be compartmentalized.  The circumstances and sets of facts will differ from case to case, as well as the context of legislation  The courts are not of one mind when it comes to the application of certain rules, with the result that the interpretation of statutes has no clear and predictable pattern of application  The law is not objective, neutral and value-free: all interpreters have a particular pre-understanding, which is the product of each interpreter's unique history, background, experience and prejudices  During the interpretation of all legislation, interpretation necessarily involves value-judgments.