IOS2601 OCT DEC 2021 ONLINE MCQ EXAM PREP QUESTIONS AND ANSWERS

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 legislative meaning 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 an unsupportable budgetary intrusion. 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 or the Premier of a province. (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 by 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 1.3 (2) When interpreting a piece of legislation, external aids are used. Which of the aids mentioned below is NOT an external aid of interpretation? (1) Debates during legislative process (2) Preceding discussions (3) Dictionaries and linguistic evidence (4) The preamble of the act (It is an internal aid of interpretation) Question 1.4 (2) A peremptory statutory provision ... (1) requires some compliance. (2) may be complied with. (3) requires exact compliance. (4) may be deviated from. Question 1.5 (2) What does the term “reading-down” by the courts entail? (1) The courts follow a restricted interpretation of the legislation in cases when there are conflicts with the Constitution, but such a restrictive interpretation keeps the legislation constitutional. (2) Reading-down takes place when there is more than one possible reading of the legislative text, and a more extensive reading is adopted in order to keep the legislation in question constitutional. (3) A more drastic remedy used by the courts in order to change legislation to keep it unconstitutional. (4) The courts follow an expansive interpretation of the legislation in cases when there are conflicts with the Constitution, but such an expansive interpretation keeps the legislation constitutional. Question 1.6 (2) According to the practical inclusive method of interpretation, teleological interpretation … (1) considers the circumstances which gave rise to the adoption of the legislation and the legislative history (prior legislation and preceding discussions). (2) is a value-coherent interpretation where the aim and purpose of the legislation must be ascertained against the fundamental constitutional values. (3) refers to the process during which the court examines the interpretation of similar legislation by foreign courts, as well as international law. (4) is concerned with the clarification of the meaning of a particular legislative provision in relation to the legislative text as a whole. See Botha C Statutory interpretation: an introduction for students (2012)108, paragraph 5.3.4. Question 1.7 (2) Indicate which statement is INCORRECT: According to Botha, the following principles govern conflicts arising between signed and unsi