Unit 1: Introduction miscellaneous Botha: ‐ body of rule & principles used to construct the correct meaning of legislative provisions to be applied in a practical situation – Not mechanical. Du Plessis’:‐ statutory & constitutional interpretation is constructing enact laws text with reference & reliance on other law text in concert situations. Unisa: ‐ statutory interpretation is studying the rule, principle that is used to construct and justify the meaning of legislative provision when applied in a practical situation. Interpretation not just reading – not mechanical Can’t be put into categories not rule bound:‐ • Circumstances & facts are different in each case • Interpretation has not clear and predictable pattern • Language difficult and obscure • Law is not objective, neutral, value fee • Interpreters all interpret differently depending on pre understanding, history, background and experience. • Sprit and aim of fundamental rights to be promoted during interpretation of all legislation. New Constitutional Order: • 70 & 80 rule, principles of statute interpretation was critized Traditionally: (old) unnecessary, confusing maxims, uncertain principles • “golden rule” and overriding principles called primary, secondary and tertiary rules of RDL = misconceptions on structure and meaning of language • Based on sovereignty parliament New: fundamental right based on supreme constitution • Devenish – new constitutional democracy – deceased apartheid and new political & legal order the influenced the new constitution • Bill of rights in line with sprit of the constitution 93: operation 27 April 04 = Constitutional implications, political ramification and changed interpretation of statues ‐ Parliamentary sovereignty replaced with constitutional supremacy ‐ Court can’t ignore value judgments 96: came into operation 4 Feb 97 – principles of 93 constitutions kept ...
