Legal Interpretation Principles

In what case was the concept of ubuntu explained as: Generally translates as 'humaneness'. In its most fundamental sense, it translates as 'personhood' and 'morality'? While it envelopes the key values of group solidarity, compassion, respect, human dignity, conformity to basic norms and collective unity, in its fundamental sense it denotes humanity and morality. Its spirit emphasises respect for human dignity, marking a shift from confrontation to conciliation. a. Minister of Public Works v Haffajee * (*) SA * (A) b. S v Makwanyane * (*) SA * (CC) c. Novelty Machine Operators v Minister of Justice * (*) SA * (A) d. Carmichele v Minister of Safety and Security * (*) SA * (CC)

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 historical context before legislation was adopted? b. What was the solution or remedy provided by the legislature to solve this problem? c. What was the mischief not provided for by the existing legislation or common law? d. What was the legal position before the legislation was adopted?

In which case did the court emphasise the orthodox primary rule of interpretation that courts must give effect to the literal and grammatical meaning of the legislation, and that deviation from this rule will be allowed only in exceptional circumstances? a. Geyser v Msunduzi Municipality * (*) SA * (N) 32D-E. b. Mateis v Ngwathe Plaaslike Munisipaliteit * (*) SA * (SCA). c. Qoseleni v Minister of Law and Order * (*) SA * (E). d. Minister of Interior v Lockhat * (*) SA * (A) *.

In Public Carriers Association v Toll Road Concessionaries (Pty) Ltd Smalberger JA decided that? a. It may be accepted that the literal interpretation principle is NOT firmly entrenched in our law. b. It must not be accepted that the literal interpretation principle is firmly entrenched in our law and I do not seek to challenge it. c. It must be accepted that the literal interpretation principle is firmly entrenched in our law, this should be challenged. d. It must be accepted that the literal interpretation principle is firmly entrenched in our law and I do not seek to challenge it.

In which case did the court hold a literalist viewpoint that headings to chapters and sections may be used by courts to establish the purpose of the legislation only when the rest of the provision is not clear? a. Chotabhai v Union Government * AD * b. Bulawayo Municipality v Bulawayo Waterworks Ltd * CPD * * c. Brown v Cape Divisional Council * (*) SA * (A) d. Turffontein Estates v Mining Commissioner Johannesburg * AD *

In Keagile v Attorney-General, Transvaal * (*) SA * (T) that? a. the accused was charged with contravening the Road Traffic Act * of *. b. the court held that the power of the Attorney-General to issue a statement with regards to the refusal of bail was no longer effective. c. the accused?s application for a review of the denial of bail was granted. d. the court decided the matter in terms of section *(*)(d) of the Interpretation Act * of *.

In the case of__________the court held that a person who is party to a monogamous Muslim marriage is not included under the terms spouse and spouses in the Intestate Succession Act * of * and the Maintenance of Surviving Spouses Act * of *. a. Gory v Kolver (Starke and Others Intervening) * (*) SA * (CC) b. Daniels v Campbell * (*) SA * (CC) c. Ex parte Dow * (*) SA * (D) d. Bhe and Others v Magistrate, Khayelitsha and Others * (*) SA * (CC)

In which case did Langa DP explain the constitutional foundation of the new interpretation methodology as follows "Section *(*) of the Constitution means that all statutes must be interpreted through the prism of the Bill of Rights"? a. Keyter v Minister of Agriculture * NLR * b. Finbro Furnishers (Pty) Ltd v Registrar of Deeds, Bloemfontein * (*) SA * (A) c. Commissioner of Inland Revenue v Golden Dumps (Pty) Ltd * (*) SA * (A) d. Investigating Directorate: Serious Economic Offences v Hyundai Motor Distributors (Pty) Ltd: In re Hyundai Motor Distributors (Pty) Ltd v Smit * (*) SA * (CC)

In S v Makhubela * (*) SA * (B)... a. the accused was charged with the performance of illegal abortions in terms of the Abortion and Sterilisation Act * of *. b. the case dealt with a claim for damages after a police vehicle had collided with a private motorcar. c. The Appellate Division held that the testimony of language experts was not admissable as an aid in construing legislation. d. the accused was charged with being behind the wheel of a vehicle that was being pushed by a group of people on a public without a driver's licence.

Botha is of the opinion that the interpretation process begins with the reading of the legislation concerned. In which case did the court decide that ordinary meaning must be attached to the words? a. Principal Immigration Officer v Purshotam * AD * b. Principal Immigration Officer v Hawabu * AD * c. Union Government v Tonkin * AD * d. Union Government v Mack * AD *

In which cases did the court decide that although common law can be abrogated by disuse this cannot happen to legislation? a. S v Ndiki * (*) SACR * (Ck) and Nourse v Van Heerden * (*) SACR * (W) b. Nourse v Van Heerden * (*) SACR * (W) c. R v Sillas * (*) SA * (A) and Nourse v Van Heerden * (*) SACR * (W) d. S v Makwanyane * (*) SA * (CC) and Nourse v Van Heerden * (*) SACR * (W)

S v Mujee * (*) SA * (Z) is an example of the application of the______________rule. a. cessante ratione b. ex consequentibus c. eiusdem generis d. ex contrariis

In which cases did the courts decide that the intention of the legislature should be deduced from the words used in the legislation, in other words, the plain meaning of the text in an intentional disguise? a. Union Government v Mack * AD * and Qozeleni v Minister of Law and Order * (*) SA * (E) b. Union Government v Mack * AD * and Commissioner, SARS V Executor, Frith?s Estate * (*) SA * (SCA) * c. Union Government v Mack * AD * and Farrar?s Estate v CIR * TPD * d. Union Government v Mack * AD * and Ensor v Renscor Motors (Pty) Ltd * (*) SA * (A)

In Carmichele v Minister of Safety and Security * (*) SA * (CC) the Constitutional Court stressed that a court is obliged to? a. develop common law in light of applicable legislation b. develop the common law in light of the Constitution. c. allow legislation to trump common law as is usually the practice d. allow common law and legislation to operate side-by-side

In University of Cape Town v Cape Bar Council * (*) SA * (A) it was held that? a. Right from the outset the interpreter may take the wider context of the provision (eg: its ambit and purpose) into consideration with the legislative text in question b. That if the text is ambiguous, the traditional rules of interpretation of statutes may be applied to find the ?intention of the legislature? c. The court had to examine all contextual factors in ascertaining the intention of the legislature, irrespective of whether or not the words of the legislation were clear and unambiguous d. The court did not have to examine all contextual factors in ascertaining the intention of the legislature, this is regardless of whether or not the words of the legislation were clear and unambiguous

In which case did Cameron J summarise the principles of supremacy of the Constitution by stating that 'the Constitution has changed the context of all legal thought and decision-making in South Africa'? a. Union Mack v Mack * AD *. b. Minister v Land Affairs v Slamdien * (*) BCLR * *. c. Limpopo Province v Speaker of the Limpopo Provincial Government * (*) SA * (CC). d. Holomisa v Argus Newspapers Ltd * (*) SA * (W).

In which case did the Constitutional Court confirm that the adoption of the purposive approach in our law has rendered obsolete all the previous attempts to determine whether a statutory provision is directory or peremptory on the basis of the wording and subject of the text of the provision? a. Prince v Cape Law Society * (*) SA * (CC) b. African Christian Democratic Party v Electoral Commission * (*) SA * (CC) c. S v Zuma * (*) SA * (CC) d. S v Jordan * (*) SA * (CC)

In which case did the court conclude that if there is irreconcilable conflict between various texts, the court will give preference to the one which benefits the person concerned? a. Bolnik v Chairman of the Board appointed by the SA Council of Architects * (*) SA * (C) b. Du Plessis v Southern Zululand Rural Licensing Board * (*) SA * (D) c. Khala v The Minister of Safety and Security * (*) SA * (W) * d. Kock v Scottburgh Town Council * (*) SA * (D)

In the case of _____________the court acknowledged the unqualified application of the Constitutions preamble. a. Chotabhai v Union Government * AD * b. Public Carriers Association v Toll Road Concessionaries (Pty) Ltd * (*) SA * (A) c. Qozeleni v Minister of Law and Order * (*) SA * (E) d. Brown v Cape Divisional Council * (*) SA * (A)

The revocation of legislation by the relevant competent lawmaker is known as? a. Disuse. b. concretization. c. Repeal. d. retroactivity.

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?

The rule that states that when interpreting the meaning of a word, guidance should be sourced from those associated with it is known as? a. Primary Rule b. Mischief Rule c. Golden Rule d. Noscitur a sociis

What are the two exceptions to the presumption that legislation only applies to the future? a. If the enactment deals with common law and if the retro-effect favours the individual b. If the enactment deals with other constitutional rights and if the enactment deals with procedure c. If the enactment deals with procedure and if the retro-effect favours the individual d. If the enactment deals with procedure and if the future-effect favours the individual.

Before * the South African legal dispensation could be characterised as that of ? a. Executive sovereignty b. Parliamentary sovereignty c. Judicial sovereignty d. Constitutional sovereignty

Which one of the following internal aids to statutory interpretation deals with the technical detail that will otherwise clog up the main body of the Act? a. Sections b. Definitions c. Schedules d. Preamble

Which of the following internal aids to statutory interpretation provides the circumstances of, the background to, and the reasons for the promulgation of the Act? a. Schedules b. Sections c. Chapters d. Preamble

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. words must be given their ordinary, inaccurate meaning d. the interpretation process ends with the reading of the legislation concerned

What is the prevailing factor in terms of the purposive approach to statutory interpretation? a. The deconstruction of legislation b. The classification of the legislation c. The promotion of the intention of the legislature d. The purpose or object of the legislation

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

According to 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. Assigned legislation b. Instruments of subordinate legislation, proclamations, and regulations c. Green Paper and White Paper policy legislation d. Provincial and national legislation

Which one of the following internal aids to statutory interpretation provides a short descriptive summary of the subject matter of the Act? a. Enacting provisions b. Table of contents c. Long title d. Short title

All of the options below are sections taken from the South African Schools Act * of *. Which section is an example of a peremptory provision? a. The governing body may allow the reasonable use of the facilities of the school for community, social and school fund-raising purposes, subject to such reasonable and equitable conditions as the governing body may determine which may include the charging of a fee or tariff which accrues to the school b. Subject to this Act, the Labour Relations Act, * (Act No. * of *), and any other applicable law, a public school may establish posts for non-educators and employ non- educator staff additional to the establishment determined in terms of the Public Service Act, * (Proclamation No. * of *)

c. After consultation, as contemplated in section * of the National Education Policy Act, * (Act No. * of *), the Minister may determine norms and standards by notice in the Gazette regarding the funds used for the employment of staff referred to in subsections (*) and (*), but such norms and standards may not be interpreted so as to make the State a joint employer of such staff. d. When presenting the annual budget contemplated in section *, the governing body of a public school must provide sufficient details of any posts envisaged in terms of subsections (*) and (*), including the estimated costs relating to the employment of staff in such posts and the manner in which it is proposed that such costs will be met

Which one of the following theorists rejects the formalist position that law is rational, objective and neutral? a. Textual theorist b. Linguistic theorist c. Contextual theorist d. Critical theorist

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. mischief rule b. Ubuntu c. subsecuta observations d. case law

Traditionally, the South African rules of statutory interpretation were based on? a. fundamental values b. sovereignty of parliament c. a supreme constitution d. legal maxims

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. Travaux Preparatoires c. Internal aids d. External aids