IOS2601 - Interpretation Of Statutes assignment 1 semester 1 And 2 2021.

IOS2601 - Interpretation Of Statutes assignment 1 semester 1 And 2 2021. QUESTION 1 List the documents that, although published in the Government Gazette, do not constitute legislation. 1. Green and white papers 2. Interpretation notes 3. explanatory memoranda 4. Reports 5. Legal notices 6. Draft bills 7. Discussion documents 8. Policy documents Explain the ordinary civil method of the computation of days with reference to the case law. Section 4 of the Interpretation Act provides that days are computed by excluding the first day and including the last day, unless it falls on a Sunday or public holiday in which case the Sunday or public holiday is also excluded. Section 4 will only apply when the legislature has made no other arrangements in the legislation concerned. Where section 4 is not applicable the courts have accepted that the ordinary civil method applies. This method is directly opposite to the statutory method of section 4 of the Interpretation Act. Time is computed de die in diem. The first day of the prescribed period is included and the last day excluded. The last day is regarded as ending at the very moment it begins as it were (at midnight of the previous day). Minister van Polisie v De Beer1 (computatio civilis) Computatio civilis (ordinary civil method): this method is directly opposed to the statutory method of section 4 of the Interpretation Act. The first day of the prescribed period is included and the last day excluded. The last day is regarded as ending at the very moment it begins as it were (at midnight of the previous day). 1 Minister van Polisie v De Beer 1970 (2) SA 712 (T) Downloaded by: vanstrijp | Distribution of this document is illegal This study source was downloaded by from CourseH on :52:38 GMT -05:00 S - The Marketplace to Buy and Sell your Study Material The cause of action in this case was a motor collision involving a police vehicle. In terms of section 32 of the Police Act 7 of 1958, a civil suit brought against the police as a result of an action executed in terms of the Police Act must be instituted within six months. The collision took place on the 05 August 1967. The summons was served on 05 February 1968. On appeal, the Supreme Court found that the ordinary civil method should be used to calculate the time. The last day was therefore excluded and the serving of the summons was therefore one day too late, and the action was refused.