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IOS 2601 – DISCUSSION CLASS NOTES / 7/09/2012 – DURBAN REGIONAL OFFICE

LECTURER – MISS I MOODLEY – moodli@unisa.ac.za – Telephone: 0124298610

FORMAT OF EXAM PAPER:Question oneOne single essay type question @ 50 marks, same structure as assignment 1- no past exam paper repeats!!!Question 2 – 5 sub questions2 a) essay type question, starting with the word Explain…….. (15marks)2 b) Short question, list……………… (5marks)2 c) combinations of three short questions, briefly explain………… (15 marks)2 d) short essay type question, how many……………… (5marks)2 e) Essay Question, discuss………………… (10 marks) |

Tutorial 201 is very important for study purposes, study the topics and themes well in this tut letter, questions + cases:

Question 1

(a) What effect has section 39(2) of the constitution had on statutory interpretation in SA?

Start of the question by stating what sec 39(2) is, learn it off verbatim (2marks)

Thereafter explain what section 39(2) is…. Section 39(2) is a peremptory provision,

Peremptory provision means it has to be used…..

Bato star case applies….sate the case name then the facts of the case in just 1 line as no marks for the facts of the case…. State the entire judgment on page 54 which u can put in your own words...Judgment and legal principles of the case are very important.

Hyundai motors case, holomisa case also include in your answer

(b) Discuss the presumption that legislation only applies to the future

Pg 33 of the textbook, explain presumption in 1 line then give an example using the Transnet, Curtis or principal case. Then go on to the retrospectivity part..Explain sec 35(3) (1)….then go on to the Retrospectivity by necessary implication…explain and give case.

Then go on to IF THE ENACTMENT DEALS WITH PROCEDURE (i) explain then give an example of the case in the grey box…do the same for (ii) & (iii)

Question 2

(a) With the aid of relevant case law explain the purposive approach to statutory interpretation.

Explain...