IOS2601
ASSIGNMENT 1
SEMESTER 2 – 2022 (UNIQUE NO: 719782)
, Question 1
a. The Act was adopted on 5 April 1996, assented to by the president on the 10
April 1996, but it only commenced on 19 June 1996. EXPLAIN the difference
between the dates of assent and commencement with reference to the
provisions of section 13 of the interpretation Act 33 of 1957. (10)
After the Act had gone through all the stages in the legislature, it was passed or
adopted by the legislature on 5 April 1996. It was then sent to the President who
assents to it by signing the Act into law on 10 April 1996.
The Act came into operation on 19 June 1996. In terms of s 13(1) of the Interpretation
Act commencement means the day on which the law came into operation. Unless
another day is determined by the legislation, it will be the day it was published in the
Government Gazette. S13 (2) of the Act provides that the day shall begin at the expiry
of the previous day. As no indication is given in the extract, it could also have been a
date fixed by the President by proclamation (S13 (3)).
(b) How should the purpose of the Act be determined? Make a list of at least
three internal aids that can be consulted and give an example of each from
the text of the Act (where possible). (6)
The purpose of the Act can be determined by reading the purpose and interpretation
clause, which gives immediate overall picture of what the Act wants to achieve. To
help to explain the purpose of the Act and how it should be interpreted.
1. Long title – ‘To provide for the … matters concerned therewith’
2. Preamble – ‘Preamble.—SINCE it is … as follows:—’
3. Headings to sections – ‘5. Term of office of members of Commission’; ‘9.
Vacancies in Commission’.
4. Paragraphing – paragraphs used in Preamble.
5. Punctuation – semicolons in section 9 (or any other such example)
ASSIGNMENT 1
SEMESTER 2 – 2022 (UNIQUE NO: 719782)
, Question 1
a. The Act was adopted on 5 April 1996, assented to by the president on the 10
April 1996, but it only commenced on 19 June 1996. EXPLAIN the difference
between the dates of assent and commencement with reference to the
provisions of section 13 of the interpretation Act 33 of 1957. (10)
After the Act had gone through all the stages in the legislature, it was passed or
adopted by the legislature on 5 April 1996. It was then sent to the President who
assents to it by signing the Act into law on 10 April 1996.
The Act came into operation on 19 June 1996. In terms of s 13(1) of the Interpretation
Act commencement means the day on which the law came into operation. Unless
another day is determined by the legislation, it will be the day it was published in the
Government Gazette. S13 (2) of the Act provides that the day shall begin at the expiry
of the previous day. As no indication is given in the extract, it could also have been a
date fixed by the President by proclamation (S13 (3)).
(b) How should the purpose of the Act be determined? Make a list of at least
three internal aids that can be consulted and give an example of each from
the text of the Act (where possible). (6)
The purpose of the Act can be determined by reading the purpose and interpretation
clause, which gives immediate overall picture of what the Act wants to achieve. To
help to explain the purpose of the Act and how it should be interpreted.
1. Long title – ‘To provide for the … matters concerned therewith’
2. Preamble – ‘Preamble.—SINCE it is … as follows:—’
3. Headings to sections – ‘5. Term of office of members of Commission’; ‘9.
Vacancies in Commission’.
4. Paragraphing – paragraphs used in Preamble.
5. Punctuation – semicolons in section 9 (or any other such example)
