Court Interpretation Aids Overview

A declaration of unconstitutionality of legislation by a High Court or the Supreme Court of Appeal has no force of law until such a declaration is confirmed by the Constitutional Court in terms of ___ of the Constitution. A. Section *(*) read with section *(*) B. Section *(*) read with section *(*) C. Section *(*) read with section *(*) D. Section *(*) read with section *(*)

A directory statutory provision requires __________________ A. Direct compliance. B. Exact compliance C. Strict compliance D. Substantial compliance

According the Constitution, the legislative menu consists of several items, such as municipal by-laws. Which of the following is not an item on the legislative menu? A. Green Paper and White Paper policy legislation. B. Provincial and national legislation. C. Assigned legislation. D. Instruments of subordinate legislation, proclamations, and regulations.

According to Botha the various dimensions of the 'practical inclusive method' includes the language; historical; systematic; ________________and____________________________ A. Value-based or teleological and comparative. B. Contextual and textual. C. Peremptory and directory. D. Internal and external.

According to section *(*) of the Interpretation Act, as well as sections * and * of the Constitution, if legislation does not prescribe a date of commencement, it automatically commences on the day of its publication in the________________________ A. Gazette. B. Newspaper. C. White Paper D. Green Paper.

According to sections * and * (read together) of the Interpretation Act * of *, legislation consists of: A. Any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, regulations, or order and any other enactment having the force of law. B. Any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, legal notices, and any other enactment having the force of law. C. Any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, Green and White papers, and any other enactment having the force of law. D. Any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, legal notices, advertisements and any other enactment having the force of law.

Before * the South African legal dispensation could be characterised as that of? A. Parliamentary sovereignty. B. Constitutional sovereignty. C. Executive sovereignty. D. Judicial sovereignty.

Botha suggest the following as the solution to resolve the conflict that arises between legislative texts taking the interpretation clause into consideration: A. In the case of an irreconcilable conflict between versions of the same text, the text which best reflects the spirit and purport of the Bill of Rights must prevail. B. Courts should follow the arbitrary manner of conflict resolution because it confirms the text-based approach. C. All versions of the legislative text must be read together from the outset as they are all part of the structure of the same enacted law. D. The courts can follow the signed version blindly to establish the purpose of legislation.

Grammatical interpretation focuses on ? A. the clarification of the meaning of a particular constitutional provision in conjunction with the Constitution as whole. B. the process during which the court examines international law and the constitutional decisions of foreign courts. C. the linguistic and grammatical meaning of the words, phrases, sentences and other structural components of the text. D. The teologigical and grammatical meaning of the words, phrases, sentences and other structural components of the text..

How must the interpretation of statutes (like all other law) be conducted in terms of section *(*) of the Interim Constitution and section *(*)? A. Within the value-laden framework of the supreme Constitution which is the highest law of the land. B. Within the primary rule of textual approach, where the grammatical clear language of the statutes must be recognized. C. Within the golden rule of the textual approach where, if the meaning of the statutory provision is not clear then secondary aid should be considered. D. Within the guidelines that were identified by Schreiner J in the Jaga v Donges case.

In terms of one of the five interrelated dimensions of interpretation, the initial meaning of the text entails that... A. Words with a technical meaning must be given that specialised meaning B. An extraordinary meaning must be attached to the words. C. The interpretation process ends with the reading of the legislation concerned D. words must be given their ordinary, inaccurate meaning

In terms of section * of the interim Constitution all... A. Legislation shall be repealed including old legislation when the final constitution is adopted. B. Existing legislation is in force until repealed or amended by a competent authority. C. legislation passed on or before * December * should be deleted from the statute books with immediate effect. D. Legislation should remain in force, at the behest of the President of the Republic of South Africa.

Indicate which statement is not correct. Modificative interpretation occurs when? A. The text of the legislation stipulates more than its purpose. B. The text of the legislation stipulates less than its purpose. C. The initial meaning of the text is in conflict with the Constitution. D. The text of the legislation is vague, unclear and ambiguous. Question * Not yet answered Marked out of *.* Flag question Question text Lategan (*:*) defines hermeneutics as?

Statutory interpretation? A. Is about construing enacted law-texts with reference to and reliance on other law-texts, concretising the text to be construed to cater for the exigencies of an actual or hypothesised concrete situation. B. Is easy, quick, and mechanical; does not require excellent language skills and neither must the interpreter have a very good knowledge of the law and know where to find it. C. Is a mechanical exercise during which predetermined formulae, well-known maxims and careful reading will reveal the meaning of the legislative provision. D. Deals with those rules and principles which are used to construct the correct meaning of legislative provisions to be applied in impractical situations.

Surrounding circumstances are those conditions prevailing before and during the adoption of legislation which led to its creation. Indicate which option is NOT seen as surrounding circumstances. A. Ubuntu. B. Mischief rule. C. Case law. D. ubsecuta observations

The following term refers to the discussions during the drafting of an international treaty, but it is also increasingly used regarding the discussions of drafters of a Constitution. A. Ex accessorio eius de quo verba loquuntur. B. External aids. C. Internal aids. D. Travaux Preparatoires.

The mischief rule was laid down in the 16th century by Lord Coke in the famous Heydon's case (*). Four questions were asked in this case; which one was not asked? A. What was the legal position before the legislation was adopted? B. What was the historical context before legislation was adopted? C. What was the mischief not provided for by the existing legislation or common law? D. What was the solution or remedy provided by the legislature to solve this problem?

In ____________ the court stated clearly that the principle that a meaning should be assigned to every word is not absolute. A. Secretary for Inland Revenue v Somers Vine * (*) SA * (A) B. Finbro Furnishers (Pty) Ltd v Registrar of Deeds, Bloemfontein * (*) SA * C. Golden China TV Game Centre v Nintendo Co Ltd * (*) SA * (A) D. Volschenk v Volschenk * TPD *

In Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs * (*) SA * (CC) Ngcobo J remarked that? A. The starting point towards interpreting any piece of legislation is in the text. B. The starting point towards interpreting any piece of legislation is in the Constitution. C. The discretion lies with the judicial officer(s) to ascribe whatever meaning they want to any piece of legislation. D. The starting point towards interpreting any piece of legislation is in its table of contents.

In Bezuidenhout v Mutual Insurance Ltd * (*) SA * (A) the court held the following: A. If the provision is formulated in flexible or vague terms, it is an indication that it is directory. B. Words in a negative form indicate a peremptory connotation. C. A word or words with an imperative or affirmative character indicate a peremptory provision. D. The word shall is a strong indication that the provision is peremptory

In Bezuidenhout v Mutual Insurance Ltd * (*) SA * (A) the court held the following: A. If the provision is formulated in flexible or vague terms, it is an indication that it is directory. B. Words in a negative form indicate a peremptory connotation. C. A word or words with an imperative or affirmative character indicate a peremptory provision. D. The word shall is a strong indication that the provision is peremptory.

which option

In Carmichele v Minister of Safety and Security * (*) SA * (CC) the Constitutional Court stressed that a court is obliged to? A. Allow common law and legislation to operate side-by-side. B. Develop the common law in light of the Constitution. C. Allow legislation to trump common law as is usually the practice. D. Develop common law in light of applicable legislation

which option

In Carmichele v Minister of Safety and Security * (*) SA * (CC) the Constitutional Court stressed that a court is obliged to? A. Allow common law and legislation to operate side-by-side. B. Develop the common law in light of the Constitution. C. Allow legislation to trump common law as is usually the practice. D. Develop common law in light of applicable legislation

Indicate which statement is not correct. Modificative interpretation occurs when? A. The text of the legislation stipulates more than its purpose. B. The text of the legislation stipulates less than its purpose. C. The initial meaning of the text is in conflict with the Constitution. D. The text of the legislation is vague, unclear and ambiguous.

Choose the phrase which best describes the mischief rule from the options below.

A. Acknowledges that in interpreting statutes, judges should interpret the words as they see fit and any external aids; the common law as it was prior to the enactment of the legislation, defects in the law not provided for by the common law could be considered. B. Acknowledges the application of external aids; the common law as it was prior to the enactment of the legislation, defects in the law not provided for by the common law, whatever new and available solutions that the legislature provides, and the reason for the intended remedy.

C. Acknowledges that in interpreting statutes, judges should interpret the words literally and any external aids; the common law as it was prior to the enactment of the legislation, defects in the law not provided for by the common law should not be considered. D. Acknowledges that any mischief in a court of law will not be tolerated and external aids; the common law as it was prior to the enactment of the legislation, defects in the law not provided for by the common law will be applied.

sections taken from the South African Schools Act * of *

sections taken from the South African Schools Act * of *. Which section is an example of a peremptory provision?