IOS2601 Oct-Nov 2020

Question 1.1 (2) In National Coalition for Gay and Lesbian Equality v Minister of Home Affair 2000 (2) S A 1 (CC) the Constitutional Court laid down a number of principles to be considered and followed before reading in or severance is applied. One of the statements below is NOT a principle laid down by the court with regard to reading in or severance. (1) The Courts must be able to define with sufficient precision how the legislativemeaning ought to be modified to comply with the Constitution. (2) The Court should endeavor to be as faithful as possible to the legitimate scheme within the constraints of the relevant legislation. (3) the results of reading in/severance/reading up must be inconsistent with the Constitution and its values. (4) The remedy of reading in ought not to be granted where this would result in anunsupportable budgetary intrusion. 2 | P a g e Question 1.2 (2) 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