Statutory Interpretation

Assignment 01

Unique Number: 870061

Gillian Dick

50223585

Table of Contents

IndexPage Number

1. Introduction3

2. The facts of the Public Carriers Association3

3. The orthodox text-based (literal) approach4-5 4. The purposive (text-in-context) approach5-6

5. Section 39(2) and the purposive approach6-7

6. Conclusion7

Bibliography

1. Introduction

In the Public Carriers Association judgment, the Appellate Division employed two different theories of statutory interpretation in order to arrive at a just conclusion. From the court’s judgment, it is evident that the orthodox text-based (literal) approach to statutory interpretation was more influential in assisting the court to reach a decision. However, post 1994 it has become apparent that the purposive approach to statutory interpretation (which is alluded to by the court in the Public Carriers Association judgment) has become more influential in the judgments of courts. In the following essay, I argue that in South Africa, the constitution now prescribes the purposive (text-in-context) approach as the theoretical starting point for the interpretation of all statutes.

2. The facts of the Public Carriers Association Case

The facts are as follows: ‘The appeal concerns the questions of the validity of the declaration of a certain portion of the national road N3 in Natal as a toll road, and whether the toll levied in respect of the use of such road has been validly determined and is being lawfully collected’

The parties involved were:

Applicants: Public Carriers Association (First Appellant)

Hultrans (Proprietary) Limited (Second Appellant)

Cargo Carriers Limited (Third Appellant)

Tankers Services (Propriety) Limited (Fourth Appellant)

Mainline Carriers (Propriety) Limited (Fifth Appellant)

Respondents: Toll Road Concessionaries (Proprietary) Limited (First Respondent)

The Government of the Republic of South Africa (Second Respondent)

The National Transport Commission (Third...