Interpretation of Statutes

The layout for the course was

1. Exam format

o Question 1: Essay Question (50)

o Question 2

▪ Part 1 – Essay question (15)

▪ Part 2 – Short Question (5)

▪ Part 3 – Essay Question (10)

▪ Part 4 – four short questions (20)

N.B. There are no MCQ and the format has changed from the last years.

2. Lecturer gave a list of 9 questions which covers the entire theme of the exam paper. The page numbers in the textbook was given in order to find the answers. In addition, she explained how the question should be answered and what it must contain.

The 9 questions cover 90% of the exam paper. The other 10% is a question that will relate to presumptions, which the lecturer did not want to discuss.

3. The most important thing for the exam is that 99 percent of the time, you have to use reference to case law in answering the question. Even if there is no mention made of case law.

Further, if a case is discussed at length in the textbook, when you use it in the exam, you need to state the facts, the findings and the judgment. For other cases that are just mentioned and very little detail is given, you need only know the “little detail” and you don’t need to go and research the case.

4. You can write up your questions and send it to the lecturer (I Moodley) and she said she will respond with detailed feedback.

Question 1

Explain what you understand by adoption and promulgation? (7 marks)

- Need to refer to S13(1) of the Constitution when explaining your answer

Question 2

What effect does S39 (2) of the Constitution have on statutory interpretation in South Africa?

(20 marks)

- REFER to pages 54 to 55 of Textbook for answer

Answer needs to include the following:

- Need to know s39 of the Constitution of by heart. This section is the foundation of interpretation.

- 1st, need to define the section

- 2nd, need to discuss...