ASSIGNMENT 01
SEMESTER 1/2022
DUE DATE: 31 MARCH 2022
THE UNIQUE NUMBER FOR ASSIGNMENT 01 IS 753780
NB: Assignment 01 will count 10% towards your final mark. If you do not submit
the assignment, you will NOT be admitted to the examination.
INSTRUCTIONS:
Your answer file must be submitted on myUnisa on or before the due date and
time. Note that the MyUnisa tab for submission of assignments will close on the
due date and time. You will not be able to submit or resubmit your assignment
after the due date and time.
QUESTION 1
1.1 LIST the main grounds (at least five) on which the textualist approach to interpretation
may be criticized. (5)
1.2 DEFINE what interpretation by implication means and then LIST the five (5) main
grounds of extension by implication. (7)
1.3 NAME five (5) generally accepted methods of constitutional interpretation. (5)
1.4 DEFINE what the term ‘law’ means as it is used in the interpretation Act 33 of 1957. (3)
1.5 LIST six (6) factors that supports judicial law making. (6)
[26]
QUESTION 2
2.1 Section 29 of the Marriage Act 25 of 1961 reads as follows: “A marriage officer shall
solemnize any marriage in a church or other building used for religious purposes or in a public
office or private dwelling-house, with open doors”. Jasmine recently concluded a wedding
ceremony with Joseph in the front garden of her mother’s riverside home. A friend later told
her that she is, for this reason, not legally married. She wants to know from you whether her
friend is correct. In your answer to her explain:
2.1.1 What is the difference between peremptory and directory statutory provisions? (2)
2.1.2 What is the effect of non-compliance with each type of provision? (2)
2.1.3 Which semantic and jurisprudential guidelines are usually used to distinguish between
SEMESTER 1/2022
DUE DATE: 31 MARCH 2022
THE UNIQUE NUMBER FOR ASSIGNMENT 01 IS 753780
NB: Assignment 01 will count 10% towards your final mark. If you do not submit
the assignment, you will NOT be admitted to the examination.
INSTRUCTIONS:
Your answer file must be submitted on myUnisa on or before the due date and
time. Note that the MyUnisa tab for submission of assignments will close on the
due date and time. You will not be able to submit or resubmit your assignment
after the due date and time.
QUESTION 1
1.1 LIST the main grounds (at least five) on which the textualist approach to interpretation
may be criticized. (5)
1.2 DEFINE what interpretation by implication means and then LIST the five (5) main
grounds of extension by implication. (7)
1.3 NAME five (5) generally accepted methods of constitutional interpretation. (5)
1.4 DEFINE what the term ‘law’ means as it is used in the interpretation Act 33 of 1957. (3)
1.5 LIST six (6) factors that supports judicial law making. (6)
[26]
QUESTION 2
2.1 Section 29 of the Marriage Act 25 of 1961 reads as follows: “A marriage officer shall
solemnize any marriage in a church or other building used for religious purposes or in a public
office or private dwelling-house, with open doors”. Jasmine recently concluded a wedding
ceremony with Joseph in the front garden of her mother’s riverside home. A friend later told
her that she is, for this reason, not legally married. She wants to know from you whether her
friend is correct. In your answer to her explain:
2.1.1 What is the difference between peremptory and directory statutory provisions? (2)
2.1.2 What is the effect of non-compliance with each type of provision? (2)
2.1.3 Which semantic and jurisprudential guidelines are usually used to distinguish between
