IOS2601
ASSIGNMENT 2 2026
DUE: 21 APRIL 2026
SEMESTER 1 2026
,IOS2601 ASSIGNMENT 2 2026
DUE 21 APRIL 2026
Question 1
With specific reference to section 13(1) of the Interpretation Act 33 of 1957, what
do you understand by the terms “adoption”, and “commencement” of
legislation?
Adoption of legislation refers to the different stages, readings and processes through
which legislation has to pass before it is accepted and issued by the legislative body
concerned (Interpretation of Statutes Notes 2026: 4; IOS2601 Study Guide 2020:
Glossary “Adoption of legislation”). When Parliament has adopted (passed) an Act, the
President must sign it to become law; when a provincial legislature has adopted an Act,
the Premier must sign it (Notes: 4).
Commencement of legislation is expressly defined in section 13(1) of the Interpretation
Act 33 of 1957 as “the day on which that law comes or came into operation, and that
day shall, subject to the provisions of sub-section (2) and unless some other day is fixed
by or under the law for the coming into operation thereof, be the day when the law was
first published in the Gazette as a law” (Notes: 5; Study Guide: Glossary
“Commencement of legislation”). Unless the Act itself provides otherwise, legislation
therefore commences (takes legal effect) on the date of its first publication in the official
Government Gazette (or provincial gazette). Publication in the Gazette is also the formal
act of promulgation
, Question 2
List and briefly discuss the requirements which were laid down in National
Coalition for Gay and Lesbian Equality v Minister of Home Affairs 2000 (2) SA 1
(CC), before reading-in or severance could take place.
In National Coalition for Gay and Lesbian Equality v Minister of Home Affairs 2000 (2)
SA 1 (CC) the Constitutional Court (per Ackermann J) laid down the following
requirements that must be satisfied before a court may employ the remedial techniques
of reading-in or severance under s 172(1)(b) of the Constitution (paras [65]–[68] of the
judgment):
The result of reading-in or severance must be consistent with the Constitution and its
values.
The result achieved must interfere as little as possible with the existing legislation.
The court must be able to define with sufficient precision how the legislative meaning
ought to be modified to comply with the Constitution.
The court should endeavour to be as faithful as possible to the legislative scheme
and purpose (within the constraints of the Constitution).
These safeguards ensure that the judiciary does not usurp the legislature’s role while
still rescuing unconstitutional provisions (National Coalition case: paras [65]–[68]).
ASSIGNMENT 2 2026
DUE: 21 APRIL 2026
SEMESTER 1 2026
,IOS2601 ASSIGNMENT 2 2026
DUE 21 APRIL 2026
Question 1
With specific reference to section 13(1) of the Interpretation Act 33 of 1957, what
do you understand by the terms “adoption”, and “commencement” of
legislation?
Adoption of legislation refers to the different stages, readings and processes through
which legislation has to pass before it is accepted and issued by the legislative body
concerned (Interpretation of Statutes Notes 2026: 4; IOS2601 Study Guide 2020:
Glossary “Adoption of legislation”). When Parliament has adopted (passed) an Act, the
President must sign it to become law; when a provincial legislature has adopted an Act,
the Premier must sign it (Notes: 4).
Commencement of legislation is expressly defined in section 13(1) of the Interpretation
Act 33 of 1957 as “the day on which that law comes or came into operation, and that
day shall, subject to the provisions of sub-section (2) and unless some other day is fixed
by or under the law for the coming into operation thereof, be the day when the law was
first published in the Gazette as a law” (Notes: 5; Study Guide: Glossary
“Commencement of legislation”). Unless the Act itself provides otherwise, legislation
therefore commences (takes legal effect) on the date of its first publication in the official
Government Gazette (or provincial gazette). Publication in the Gazette is also the formal
act of promulgation
, Question 2
List and briefly discuss the requirements which were laid down in National
Coalition for Gay and Lesbian Equality v Minister of Home Affairs 2000 (2) SA 1
(CC), before reading-in or severance could take place.
In National Coalition for Gay and Lesbian Equality v Minister of Home Affairs 2000 (2)
SA 1 (CC) the Constitutional Court (per Ackermann J) laid down the following
requirements that must be satisfied before a court may employ the remedial techniques
of reading-in or severance under s 172(1)(b) of the Constitution (paras [65]–[68] of the
judgment):
The result of reading-in or severance must be consistent with the Constitution and its
values.
The result achieved must interfere as little as possible with the existing legislation.
The court must be able to define with sufficient precision how the legislative meaning
ought to be modified to comply with the Constitution.
The court should endeavour to be as faithful as possible to the legislative scheme
and purpose (within the constraints of the Constitution).
These safeguards ensure that the judiciary does not usurp the legislature’s role while
still rescuing unconstitutional provisions (National Coalition case: paras [65]–[68]).
