IOS2601 MCQs FROM OLD ASSIGNMENTS (2012 -2017)

Question 1
(a) Old order legislation may be defined as any legislation enacted before the final Constitution took effect.
(b) Original legislation includes Acts of Parliaments, new provincial Acts, provincial ordinances,
legislation of the former homelands, new municipal legislation and legislation of the former TBVC states.

(1) Both statements are correct.

(2) Only statement (b) is correct.
(3) Both statements are wrong.
(4) Only statement (a) is correct.

(2) Only statement (b) is correct. (See Botha pp 12-16, paras 2.2.1 and 2.2.2(ii)).

Question 2
In the case of S v Koopman 1991 (1) SA 474 (NC):
(a) The accused was found guilty of contravening the Criminal Procedure Act 51 of 1977.
(b) The accused was sentenced to life imprisonment.
(c) The court used section 11 of the Interpretation Act 33 of 1957 to arrive at a just conclusion.
(d) The presumption against futile and nugatory provisions assisted the court in reaching its decision.

(1) All the statements are correct.

(2) All the statements are wrong.
(3) Only statement (a) is correct.
(4) Only statements (a) and (b) are correct.
(5) Only statements (c) and (d) are correct.

(5) Only statements (c) and (d) are correct. (See Botha p 40, para 4.4).

Question 3
The intention of the legislature is not considered during the interpretation process because:
(a) Some of the members of parliament will only support legislation for the sake of party unity but may be personally opposed
to a Bill;
(b) Some of the members of parliament may oppose the legislation for various reasons, with the result that the legislation
ultimately only reflects the ‘intention’ of the majority of the legislature.
(c) We cannot expect all parliamentarians to understand complex and highly specialized technical legislation.
(d) The Bill presented before parliament for consideration, is not drafted by parliamentarians themselves, but by drafters acting
on the advice of bureaucrats from state departments;
(e) Some members of the legislative body might be absent when voting on a bill takes place.

(1) All the statements are correct.

(2) Only statements ((a), (c),(d) and (e) are correct.
(3) All the statements are wrong.
(4) Only statements (b), (d) and (e) are correct.
(5) Only statements (a), (c) and (e) are correct.

(1) All the statements are correct. (See Botha page 66-67, para 6.1.2).

Question 4
(a) Restrictive interpretation is applied when the preamble of the particular legislation embraces more than its purpose.

1
(b) The law-making powers of the courts are restricted because of the common-law presumption that legislation only applies to
the future.

(1) Both statements are correct.

(2) Only statement (a) is correct.
(3) Only statement (b) is correct.
(4) Both statements are wrong.

(4) Both statements are wrong. (See Botha pp 102-105, para 8.3.2 (i)).

Question 5
(a) Where legislation protects private revenue, a presumption against nullity exists, even if a penal clause has been added.
(b) A word or words with an imperative or affirmative character indicates a directory provision.
(c) If strict compliance with the provisions would lead to justice and even fraud, it is presumed that the provision is directory.
(d) The Constitution does not contain any peremptory provisions.

(1) Only statements (a), (b) and (d) are correct.

(2) Only statements (a), (b) and (c) are correct.
(3) Only statements (b)and (c) are correct.
(4) All the statements are wrong.
(5) All the statements are correct.

4) All the statements are wrong. (See Botha pp 109-113, paras 9.1 and 9.2).

Refer to the relevant parts of the Planning Professions Act 36 of 2002 (see Appendix E of this tutorial letter) and answer the
following five (5) questions.

Question 6
(a) The short title of the Act is the Planning Professions Act 36 of 2002.
(b) The English text of the legislation was signed by the President. This means that only the English text may be used when the
Act is interpreted.

(1) Both statements are wrong.

(2) Only statement (b) is correct.
(3) Only statement (a) is correct.
(4) Both statements are correct.

(3) Only statement (a) is correct. (See Botha p76-77, para 7.2.1 and p 21, para 2.4).

Question 7
If Thembi lodges an appeal in terms of section 27(2) of the Act on 9 March 2009, and the Council informed him of its decision
on 5 February 2009, (using the statutory method of computation of days) when will Thembi’s appeal have to be lodged? (N.B.
Please answer this question without the use of a calendar).

(1) 6 March 2009

(2) 7 March 2009
(3) 5 March 2009
(4) 8 March 2009
The correct answer is (2) 7 March 2009. (See Botha p 88-89, para 7.4.2).

Question 8
(a) Section 39 of the Act conflicts with section 13(1) of the Interpretation Act 33 of 1957 because legislation must commence on
the day that it is published.
2
(b) In the Act, the reference to “this Act” includes delegated legislation.

(1) Only statement (a) is correct.

(2) Both statements are correct.
(3) Only statement (b) is correct.
(4) Both statements are wrong.

(3) Only statement (b) is correct. (See Botha p 31-32, para 3.3).

Question 9
Section 4(5) of the Act provides that: “every member of Council must be appointed for a period of four years, but the Minister
may in his or her discretion extend the term of such a member by a further period not exceeding three months until a new
Council or member has been appointed”.
(a) When making a determination as to whether section 4(5) is directory or peremptory; a court
will have to consider the language and purpose of the provision.
(b) The word “must” indicates a discretion and will be interpreted as peremptory unless the
purpose of the provision indicates otherwise.
(1) Both statements are wrong.
(2) Both statements are correct.
(3) Only statement (a) is correct.
(4) Only statement (b) is correct.
(3) Only statement (a) is correct. (See Botha pp 109-113 and pp 74-81 in study guide).
Question 10
When interpreting the Planning Professions Act 36 of 2002, a court:
(a) must consider sections 1 and 2 of the Constitution; and
(b) must promote the spirit, purport and objects of the Bill of Rights.
(1) Only statement (b) is correct.
(2) Both statements are correct.
(3) Only statement (a) is correct.
(4) Both statements are wrong.
(2) Both statements are correct. (See Botha p 52-55, para 5.2.4).

Question 1
A peremptory statutory provision ...
(1) requires some compliance.
(2) may be complied with.
(3) requires exact compliance.
(4) may be deviated from.

The answer is (3). See paragraph 8.1 of the textbook, Statutory interpretation: an introduction for students, by
Christo Botha.

Question 2
In which case was the following held: “the court emphasised that these categories are merely guidelines, what is
important is the purpose of the provisions in question, as well as the consequences if the statutory requirements are
not strictly adhered to”?
(1) Commercial Union Insurance Co v Clarke 1972 (3) SA 508 (A)
(2) Weenen Transitional Council v Van Dyk 2002 (4) SA 653 (SCA)
(3) Nkisimane v Santam Insurance Co Ltd 1978 (2) SA 430 (A)
(4) Sentrale Kunsmis Korporasie (Edms) Bpk v NKP Kunsmisverspreiders (Edms) Bpk 1970 SA 360 (A)

3
The answer is (2). See paragraph 8.1 of the textbook, Statutory interpretation: an introduction for students, by
Christo Botha.

Question 3
Adoption refers to...
(1) the process of putting legislation officially and legally into operation.
(2) a state of affairs where legislation operates as of a time prior to its enactment, in other words, it operates
backwards in time, and changes the law from what it was.
(3) the constitutionally prescribed and other legal processes and procedures required for the draft legislation to
become law, including preparation of a draft Bill, introduction of the Bill in the legislature, and public participation (if
required), as well as the committee stages, voting and assent.

(4) construing enacted legal texts with reference to and reliance on other legal texts, concretising the text to be
construed so as to cater for the exigencies of an actual or hypothesised concrete situation.

The answer is (3). See paragraph 3.1 of the textbook, Statutory interpretation: an introduction for students, by
Christo Botha.

Question 4
According to section 12(2) of the Interpretation Act 33 of 1957, where a law repeals any other law, then, unless the
contrary intention appears, the repeal shall not–
(1) affect the previous operation of any law so repealed or anything duly done or suffered under the law so repealed.
(2) affect any right, privilege, obligation or liability acquired, accrued, or incurred under any law so repealed.
(3) affect any penalty, forfeiture or punishment incurred in respect of any sentence imposed by the law so repealed.
(4) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability,
forfeiture or punishment.

All students will receive credit for this question.

Question 5
What does the term “reading down” by the courts entail?
(1) The courts follow a restricted interpretation of the legislation in cases when there are conflicts with the
Constitution, but such a restrictive interpretation keeps the legislation constitutional.
(2) Reading down takes place when there is more than one possible reading of the legislative text, and a more
extensive reading is adopted in order to keep the legislation in question constitutional.
(3) A more drastic remedy used by the courts in order to change legislation to keep it unconstitutional.
(4) The courts follow an expansive interpretation of the legislation in cases when there are conflicts with the
Constitution, but such an expansive interpretation keeps the legislation constitutional.

The answer is (1). See paragraphs 9.4 to 9.4.5 of the textbook by Botha.

Question 6
Du Plessis explains interpretation of statutes as …
(1) a mechanical exercise during which predetermined formulae, well-known maxims and careful reading will reveal
the meaning of the legislative provision.
(2) a process where technical aspects, e.g. structure of legislation, are separated from the application of substantive
aspects, e.g. fundamental rights in the Constitution.

4
(3) a construction of enacted legal texts with reference to and reliance on other legal texts, concretising the text to be
construed so as to cater for the exigencies of an actual or hypothesised concrete situation.

(4) a mechanical sequence of join-the-dots or painting-by-numbers.

The answer is (3). See paragraph 1.2 of the textbook, Statutory interpretation: an introduction for students, by
Christo Botha.

Question 7
“The Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations
imposed by it must be fulfilled.” In which constitutional provision is the above statement found?
(1) Section 1 of the Constitution.
(2) Section 2 of the Constitution.
(3) Section 7 of the Constitution.
(4) Section 8 of the Constitution.

The answer is (2).

Question 8
In terms of one of the five interrelated dimensions of interpretation, the initial meaning of the text entails that ...
(1) words with a technical meaning must be given that specialised meaning.
(2) an extraordinary meaning must be attached to the words.
(3) the interpretation process ends with the reading of the legislation concerned.
(4) words must be given their ordinary, inaccurate meaning.

The answer is (1). See paragraph 6.1.1 of the textbook, Statutory interpretation: an introduction for students, by
Christo Botha.

Question 9
In Carmichele v Minister of Safety and Security 2001 (4) SA 938 (CC) the Constitutional Court stressed that a court is
obliged to …
(1) develop the common law in the light of the Constitution.
(2) allow legislation to trump common law as is usually the practice.
(3) allow common law and legislation to operate side by side.
(4) develop common law in the light of applicable legislation.

The answer is (1). See paragraph 2.5 of the textbook, Statutory interpretation: an introduction for students, by
Christo Botha.

Question 10
If an Act was tabled on 13 January, assented to by parliament on 14 January, signed by the President on 21 February
and published in the Government Gazette on 2 March, what would the date of promulgation be?
(1) 21 February.
(2) 2 March.
(3) 13 January.
(4) 14 January.

The answer is (2).

5
Question 11
According to the textualist viewpoint, courts only use the secondary and tertiary aids to interpretation …
(1) to determine the intention of parliament.
(2) when the words in the legislation seem unclear and ambiguous.
(3) to determine the abstract purpose of the text.
(4) to determine the purpose of parliament.

The answer is (2). This is known as the golden rule of textual interpretation. Only when the words in the legislation
seem unclear and ambiguous may the courts turn to secondary and tertiary aids. In this method of interpretation, it
is believed that the plain grammatical meaning of the words as they are found in the legislation constitutes the
intention of the legislature and thus the purpose of the legislation.

Question 12
Indicate which statement is NOT correct.
Followers of the contextual school claim the following:
(1) The court has a creative lawmaking function during statutory interpretation.
(2) It is the task of the court to ensure that the legislative process has a just end.
(3) Only when the court applies legislation does it become a real and complete, functional statute.
(4) The court should interpret legislation only within the framework of the words in the legislation.

The answer is (4). This statement will fall within the orthodox viewpoint.

Question 13
The following are guidelines to constitutional interpretation. Please state which guideline is incorrect.

(1) A supreme Constitution must be given a generous and purposive interpretation.

(2) The spirit and tenor of the Constitution must be adhered to during interpretation.
(3) The context of the Constitution is anchored by the values in the Constitution.
(4) The principles of international human rights law must be applied during interpretation.

The answer is (3). Respect must be paid to the language in the Constitution. Although the text is balanced and
qualified by various contextual factors, the context is anchored to the particular constitutional text. Thus historical
context and comparative interpretation can never reflect a purpose that is not supported by the constitutional text
as legal instrument.

Question 14
In Nourse v Van Heerden 1999 (2) SACR 198 (W) the court found that …
(1) legislation can be abrogated by disuse.
(2) legislation must be repealed by a competent legislature.
(3) the case had to be decided in terms of the Choice of Termination of Pregnancy Act 92 of 1996.
(4) the Abortion and Sterilisation Act 2 of 1975 was unconstitutional.

The answer is (2), See paragraph 4.3.2 of the textbook, Statutory interpretation: an introduction for students, by
Christo Botha.

Question 15
The presumption that legislation applies only to the future is based on ...
(1) the prevention of fair and reasonable results.
(2) predictability and illegality.

6
(3) unpredictability and legality.
(4) the prevention of unfair and unreasonable results.

The correct answer is (4). See paragraph 3.4 of the textbook by Botha.
Question 1
According to Botha, a number of factors support the law-making discretion of the courts during the interpretation of
legislation. One of these factors is
(1) the principle of democracy.
(2) the rule of law principle.
(3) the common-law presumption that the legislature does not intend to change the existing law more than is necessary.
(4) the common-law presumption that the legislature does not intend futile, meaningless and nugatory legislation.

Answer:
Only statement (4) is correct. See Botha C Statutory interpretation: An introduction for students (2012) 165, paragraph
7.2.4(b).

Question 2
Indicate which statement is NOT correct: Section 233 of the Constitution …
(1) is constitutional confirmation of the common-law presumption that legislation does not violate international law.
(2) is a directory provision.
(3) states that a court must prefer a reasonable interpretation that is not in conflict with international law.
(4) is qualified by sections 231 and 232 of the Constitution.

Answer:
Only statement (2) is not correct. See Botha C Statutory interpretation: An introduction for students (2012) 155-156,
paragraph 6.5.2.

Question 3
The revocation of legislation by the relevant competent lawmaker is known as …
(1) concretisation.
(2) repeal.
(3) suspension.
(4) retroactivity.

Answer:
Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students (2012) 71, paragraph
4.3.2(b).

Question 4
Section 27(2) of the Planning Professions Act 36 of 2002 provides that: “an appeal must be lodged, in the manner prescribed
and upon payment of the fees prescribed by the Council, within 30 days after the Council or disciplinary tribunal has
informed the appellant of its decision and the Appeal Board must consider and decide the appeal.” Vuyo wishes to lodge an
appeal in terms of section 27(2) of the Act, against a decision of Council. The Council informed him of its decision on 5
February 2015. Using the ordinary civil method of computation of days (computatio civilis), when must Vuyo‟s appeal be
lodged by? (NB Please answer this question without using a calendar and also assume that the month of February only has
28 days.)
(1) 6 March 2015
(2) 7 March 2015
(3) 5 March 2015
(4) 8 March 2015
7
Answer:
Only statement (3) is correct. See Botha C Statutory interpretation: An introduction for students (2012) 127-128,
paragraph 6.1.3(d). According to the ordinary civil method of computation of days (computatio civilis), the first day of the
prescribed period is included and the last day excluded.

Question 5
In S v Kohler 1979 (1) SA 861 (T) ...
(1) the court had to interpret section 2(1)(b) of the Legal Deposit of Publications Act 17 of 1982.
(2) the court heard an appeal against the decision of a magistrate‟s court in which Kohler was found guilty of
contravening a municipal by-law because he kept a duck within the municipal boundaries without the required licence.
(3) the court had to interpret section 10(1) of the Stock Theft Act 26 of 1923.
(4) the court heard an appeal against the decision of a magistrate‟s court in which Kohler was found guilty of
contravening a municipal by-law because he kept a peacock within the municipal boundaries without the required licence.

Answer:
Only statement (4) is correct. See Botha C Statutory interpretation: An introduction for students (2012) 172, paragraph
7.3.2(a)

Question 6
Indicate which of the statements that follow is NOT correct: Some of the criticisms levelled against the orthodox text-based
(literal) approach include:
(1) The text-based approach promotes judicial law-making, and the courts are not viewed as mere mechanical
interpreters of the law.
(2) The normative role of the common-law presumptions during the interpretation process is reduced to a mere „last
resort‟, to be applied only if the legislative text is ambiguous.
(3) Words are regarded as the primary index to legislative meaning.
(4) Few texts are so clear that only one final interpretation is possible.

Answer:
Only statement (1) is not correct. See Botha C Statutory interpretation: An introduction for students (2012) 94-97,
paragraph 5.3.1.

Question 7
Fill in the missing word: According to section 13(1) of the Interpretation Act, as well as sections 81 and 123 of the
Constitution, if legislation does not prescribe a date of commencement, it automatically commences on the day of its
publication in the …
(1) Gazette.
(2) newspaper.
(3) Green Paper.
(4) White Paper.

Answer:
Only statement (1) is correct. See Botha C Statutory interpretation: An introduction for students (2012) 49, paragraph
3.3.2(a).

Question 8
In Public Carriers Association v Toll Road Concessionaries Pty (Ltd) 1990 (1) SA 925 (AD) …

8
(1) the court consulted a dictionary and discovered that the words “an alternative road” was linguistically limited to a
single ordinary grammatical meaning.
(2) the court stated that where application of the literal approach results in ambiguity and one seeks to determine which
of more than one meaning was intended by the legislature, one may properly have regard to the purpose of the provision
under consideration to achieve such objective.
(3) the court held that “an alternative road” meant “an alternative roadway” and not “an alternative route”.
(4) the court suggested that the intention of the legislature could solve interpretation problems as a last resort when the
contextual approach could not – the court thus partially recognised the value of the textual approach, but restricted its
application to cases where the contextual approach had failed.

Answer:
Only statement (2) is correct. See Le Roux WB, Moodley I & Nkuna IL Interpretation of statutes: Only study guide for
IOS2601 (2009) 34-36.

Question 9
A court may use the following internal language aids to assist it in the interpretation process:
(1) the preamble, the long title, the definition clause, express purpose clauses and interpretation guidelines, headings to
chapters and sections, dictionaries and linguistic evidence.
(2) the preamble, the long title, the definition clause, express purpose clauses and interpretation guidelines, examples and
footnotes and schedules.
(3) the preamble, the long title, the definition clause, express purpose clauses and interpretation guidelines, headings to
chapters and sections and schedules.
(4) the preamble, the long title, the definition clause, definitions in the Constitution and the Interpretation Act, headings
to chapters and sections and schedules.

Answer:
Only statement (3) is correct. See Botha C Statutory interpretation: An introduction for students (2012) 115-122,
paragraphs 6.1.2(a)-(g).

Question 10
Indicate which statement is NOT correct: The guidelines used to interpret the Constitution include:
(1) a provision in the Constitution can be interpreted in isolation and need not be read in the context as a whole.
(2) a supreme Constitution must be given a generous and purposive interpretation.
(3) during the interpretation of the Constitution, its spirit and tenor must be adhered to.
(4) case law also refers to a liberal interpretation of the Constitution and respect must be paid to the language employed
in the Constitution.

Answer:
Only statement (1) is not correct. See Botha C Statutory interpretation: An introduction for students (2012) 189-192,
paragraph 9.3.1.

Question 11
Fill in the missing case name: In … the concept of ubuntu was applied and explained by the Constitutional Court at 501D-E as
“„humaneness‟. In its most fundamental sense, it translates as „personhood‟ and „morality‟ … While it envelops 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.”
(1) S v Mhlungu 1995 (3) SA 867 (CC)
(2) S v Makwanyane 1995 (3) SA 391 (CC)
(3) S v Dodo 2001 (3) SA 382 (CC)
(4) S v Zuma 1995 (2) SA 642 (CC)

9
Answer:
Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students (2012) 148, paragraph
6.3.2.

Question 12
Fill in the missing words: The … refers to the fictional collective intent of the majority of the legislative body present at the
time when the vote took place, expressing their will within the constraints of the voting guidelines laid down by the caucus
of the ruling party in the legislature, and voting for the draft legislation – formulated by legal drafters on the advice of
bureaucrats from a government department – which had been approved earlier by the state law advisors.
(1) intention of the legislature
(2) demise of the legislation
(3) law of general application
(4) amendment of legislation

Answer:
Only statement (1) is correct. See Botha C Statutory interpretation: An introduction for students (2012) 11, paragraph 1.2.

Question 13
According to sections 1 and 2 (read together) of the Interpretation Act 33 of 1957 legislation consists of …
(1) any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, legal notices and any other enactment having
the force of law.
(2) any law, proclamation, ordinance, Act of Parliament, all by-laws, rules advertisements and any other enactment having
the force of law.
(3) any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, regulations or orders and any other enactment
having the force of law.
(4) any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, Green and White papers and any other
enactment having the force of law.

Answer:
Only statement (3) is correct. See Botha C Statutory interpretation: An introduction for students (2012) 15-17, paragraph
2.1.

Question 14
The term … refers to the discussions during the drafting of an international treaty, but it is also increasingly used with regard
to the deliberations of the drafters of a supreme constitution.
(1) ex accessorio eius de quo verba loquuntur
(2) travaux préparatoires
(3) anatura ipsius rei
(4) expressio unius est exclusio alterius

Answer:
Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students (2012) 194, paragraph
9.3.2(d).

Question 15
Fill in the missing case name: In … the court stated clearly that the principle that a meaning should be assigned to every
word is not absolute.
(1) Volschenk v Volschenk 1946 TPD 486
(2) Secretary for Inland Revenue v Somers Vine 1968 (2) SA 138 (A)
(3) Finbro Furnishers (Pty) Ltd v Registrar of Deeds, Bloemfontein 1985 (4) SA 773 (A)
(4) Golden China TV Game Centre v Nintendo Co Ltd 1997 (1) SA 405 (A)
10
Answer:
Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students (2012) 112-113,
paragraph 6.1.1(b).

Question 1
Statutory interpretation …
(1) deals with those rules and principles which are used to construct the correct meaning of legislative provisions to be
applied in impractical situations.
(2) is easy, quick and mechanical; doesn’t require excellent language skills and neither must the interpreter have a very
good knowledge of the law and know where to find it.
(3) is about construing enacted law-texts with reference to and reliance on other law-texts, concretising the text to be
construed so as to cater for the exigencies of an actual or hypothesised concrete situation.
(4) is a mechanical exercise during which predetermined formulae, well-known maxims and careful reading will reveal the
meaning of the legislative provision.

Only statement (3) is correct. See Botha C Statutory interpretation: An introduction for students (2012), paragraph 1.2.

Question 2
The process of putting legislation officially and legally into operation is known as …
(1) promulgation
(2) repeal
(3) adoption
(4) amendment

Only statement (1) is correct. See Botha C Statutory interpretation: An introduction for students (2012), paragraph 3.1.

Question 3
Indicate which statement is NOT correct: The Constitution …
(1) is the supreme law of the Republic, any law or conduct inconsistent with it is invalid, and the obligations imposed by it
must be fulfilled.
(2) was not adopted by Parliament but drafted by the Constitutional Assembly and certified by the Constitutional Court.
(3) provides that a fundamental right in the Bill of Rights may be limited in terms of the law of general application.
(4) defines old order legislation as any legislation enacted after the final Constitution took effect.

Only statement (4) is correct.

Question 4
Fill in the missing words: In terms of section 172 of the Constitution, the … Court, Supreme Court of Appeal or the … Court
may declare legislation unconstitutional.
(1) High, Equality
(2) Magistrate’s, Constitutional
(3) Magistrate’s, Equality
(4) High, Constitutional

Only statement (4) is correct.

Question 5
In S v Makhubela 1981 (4) SA 210 (B) …
(1) the court held that the word ‘drive’ should only be construed according to its dictionary meaning.

11
(2) the accused was charged with the performance of illegal abortions in terms of the Abortion and Sterilisation Act 2 of
1975.
(3) the court decided that the definition of the word ‘drive’, as found in the Road Traffic Act 7 of 1973, was inadequate,
and thus also consulted a dictionary.
(4) the case dealt with a claim for damages after a police vehicle had collided with a private motor- car.

Only statement (3) is correct. See Botha C Statutory interpretation: An introduction for students (2012), paragraph 6.1.3
(a).

Question 6
According to the practical inclusive method of interpretation, teleological interpretation …
(1) considers the circumstances which gave rise to the adoption of the legislation and the legislative history (prior
legislation and preceding discussions).
(2) is a value-coherent interpretation where the aim and purpose of the legislation must be ascertained against the
fundamental constitutional values.
(3) refers to the process during which the court examines the interpretation of similar legislation by foreign courts, as well
as international law.
(4) is concerned with the clarification of the meaning of a particular legislative provision in relation to the legislative text
as a whole.

Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students (2012), paragraph 5.3.4.

Question 7
Indicate which statement is NOT correct: The mischief rule …
(1) is an explanation of the legislation which is given by persons in some or other way involved in the adoption of the
legislation, or shortly afterwards during its first application.
(2) was laid down by Lord Coke in the famous Heydon’s case (1584) 3 Co Rep 7a (76 ER 637).
(3) aims to examine the circumstances that lead to the adoption of the legislation in question.
(4) was applied in Santam Insurance Ltd v Taylor 1985 (1) SA 514 (A) where the court examined the historical background
of the Compulsory Motor Vehicle Insurance Act 56 of 1972 in order to
ascertain its purpose.
Only statement (1) is correct. See Botha C Statutory interpretation: An introduction for students (2012), paragraph 6.4.4.

Question 8
S v Mujee 1981 (3) SA 800 (Z) is an example of the application of the… rule.
(1) eiusdem generis
(2) cessante ratione
(3) ex contrariis
(4) ex consequentibus

Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students (2012), paragraph 7.3.2
(a).

Question 9
Indicate which statement is NOT correct: According to Botha, the following principles govern conflicts arising between
signed and unsigned legislation:
(1) The unsigned version of the legislative text may never be used to determine the intention of the legislature.
(2) The signed version is conclusive only when there is an irreconcilable conflict between the versions.
(3) If the one version of the text is wider than the other, then the common-denominator rule is
followed.

12
(4) If the versions differ but there is not conflict, the versions complement one another and they have to be read
together.

Only statement (1) is correct.

Question 10
In National Coalition for Gay and Lesbian Equality v Minister of Home Affairs 2000 (2) SA 1 (CC), the Constitutional Court laid
down a number of principles to be considered and followed before … is applied.
(1) reading-down
(2) substitution
(3) reading-in
(4) suspension

Only statement (3) is correct. See Botha C Statutory interpretation: An introduction for students (2012) paragraph 9.4.1

Question 11
Section 27(2) of the Planning Professions Act 36 of 2002 provides that: “an appeal must be lodged, in the manner prescribed
and upon payment of the fees prescribed by the Council, within 30 days after the Council or disciplinary tribunal has
informed the appellant of its decision and the Appeal Board must consider and decide the appeal.” Nonhlanhla wishes to
lodge an appeal in terms of section 27(2) of the Act, against a decision of Council. The Council informed her of its decision
on 8 February 2015. Using the statutory method of computation of days, when must Nonhlanhla’s appeal be lodged by?
(N.B. Please answer this question without using a calendar and also assume that the month of February only has 28 days).

(1) 8 March 2015

(2) 11 March 2015
(3) 9 March 2015
(4) 10 March 2015

Only statement (4) is correct. See Botha C Statutory interpretation: An introduction for students (2012) 127-128 paragraph
6.1.3 (d). There was an error in the Afrikaans version of this question. All students will receive credit for this question.

Question 12
Fill in the missing case name: In … the Constitutional Court confirmed 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.
(1) S v Jordan 2002 (6) SA 642 (CC)
(2) S v Zuma 1995 (2) SA 642 (CC)
(3) African Christian Democratic Party v Electoral Commission 2006 (3) SA 305 (CC)
(4) Prince v Cape Law Society 2002 (2) SA 794 (CC)

Only statement (3) is correct. See IOS2601 study guide, 79.

Question13
In Jaga v Dönges 1950 (4) SA 653 (A), Schreiner JA ...
(1) acknowledged that the purpose of section 22 of Act 22 of 1913 was to create a subjective test for the identification of
undesirable persons who should be removed from society by deportation.
(2) stated that irrespective of how clear or unambiguous the grammatical meaning of the legislative text may seem to be,
the relevant contextual factors may be taken into account.
(3) stated that the ordinary meaning of the expression “sentenced to imprisonment” is unambiguous and solely meant
“being physically removed to prison”.

13
(4) acknowledged that right from the outset the interpreter may take the wider context of the provision into
consideration with the legislative text in question.

Only statement (4) is correct. See Botha C Statutory interpretation: An introduction for students (2012) paragraph 5.3.2.

Question 14
The following are some of the semantic and jurisprudential guidelines and the presumptions about specific circumstances
determining that a provision is directory. Identify the INCORRECT guideline.
(1) If strict compliance with the provisions would lead to injustice and even fraud, it is presumed that the provision is
directory.
(2) If the wording of the provision is in negative terms, and a penal sanction (punishment) is included for non-compliance
with the requirements, it is an indication that the provision in question should be regarded as directory.
(3) If other provisions in the legislation could become superfluous (meaningless) when non- compliance with prescribed
requirements results in the nullity of the act, there is a presumption that the requirements are merely directory.
(4) If the provision is formulated in flexible or vague terms, it is an indication that it is directory.

Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students (2012) paragraph 8.2.2

Question 15

The presumption that government bodies are not bound by their own legislation …
(1) was confirmed by the Appellate Division in Administrator, Cape v Raats Rontgen & Vermeulen (Pty) Ltd 1992 (1) SA 245
(A).
(2) means that the state operates above the law.
(3) only applies to original legislation.
(4) was confirmed by the Appellate Division in Sekretaris van Binnelandse Inkomste v Lourens Erasmus (Edms) Bpk 1966
(4) SA 434 (A).

Only statement (1) is correct. See Botha C Statutory interpretation: An introduction for students (2012) paragraph 6.2.5

Question 1

Indicate which statement is NOT correct: The Constitution …

(1) is the supreme law of the Republic, any law or conduct inconsistent with it is invalid, and the obligations imposed
by it must be fulfilled.
(2) was not adopted by Parliament but drafted by the Constitutional Assembly and certified by the Constitutional
Court.
(3) provides that a fundamental right in the Bill of Rights may be limited in terms of the law of general application.
(4) defines old order legislation as any legislation enacted after the final Constitution took effect.

Only statement (4) is correct. See Botha C Statutory interpretation: An introduction for students (2012), paragraph
2.2.1.

Question 2
The following are guidelines to constitutional interpretation. Please state which guideline is incorrect.
(1) A supreme Constitution must be given a generous and purposive interpretation.
(2) The spirit and tenor of the Constitution must be adhered to during interpretation.
(3) The context of the Constitution is anchored by the values in the Constitution.
(4) The principles of international human rights law must be applied during interpretation.

14
Only statement (3) is correct. See Botha C Statutory interpretation: An introduction for students (2012), paragraph
9.3.1

Question 3
The judicial act of cutting out the offending part of a provision in a piece of legislation in order to rescue it from the
fate of unconstitutionality is known as:
(1) severance
(2) reading in
(3) substitution
(4) reading down

Only statement (1) is correct. See Botha C Statutory interpretation: An introduction for students (2012), paragraph
9.4.5.

Question 4
In Nourse v Van Heerden 1999 (2) SACR 198 (W) the court found that …
(1) legislation can be abrogated by disuse.
(2) legislation must be repealed by a competent legislature.
(3) the case had to be decided in terms of the Choice of Termination of Pregnancy Act 92 of 1996.
(4) the Abortion and Sterilisation Act 2 of 1975 was unconstitutional.

Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students (2012), paragraph
4.3.2.

Question 5
In terms of section 172 of the Constitution, the following courts may declare legislation unconstitutional:
(1) The High Court, Supreme Court of Appeal or the Magistrate’s Court.
(2) The High Court, Supreme Court of Appeal or the Constitutional Court.
(3) The High Court, Supreme Court of Appeal or the Chief’s Court.
(4) The High Court, Supreme Court of Appeal or the Small Claims Court.

Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students (2012), paragraph
4.3.1.

Question 6
Section 13 of the Interpretation Act 33 of 1957 states that legislation may commence …
(1) when it is published in the Government Gazette or on a date specified in the legislation or on an unspecified date
still to be proclaimed by the President or the Premier of a province.
(2) when it is published in the Government Gazette or on a date specified in the legislation or when it is published in
a national newspaper.
(3) when it is published in the Government Gazette or on an unspecified date still to be proclaimed by the Minister of
Justice and Constitutional Development.
(4) when it is published in the Government Gazette or on a date specified in the legislation or at the time when it
becomes known throughout the country through mass information campaigns/sessions.

15
Only statement (1) is correct. See Botha C Statutory interpretation: An introduction for students (2012), paragraph
3.2

Question 7
In terms of one of the five interrelated dimensions of interpretation, the initial meaning of the text entails that ...
(1) words with a technical meaning must be given that specialised meaning.
(2) an extraordinary meaning must be attached to the words.
(3) the interpretation process ends with the reading of the legislation concerned.
(4) words must be given their ordinary, inaccurate meaning.

Only statement (1) is correct. See Botha C Statutory interpretation: An introduction for students (2012), paragraph
6.1.1.

Question 8
According to the textualist viewpoint, courts will only use the secondary and tertiary aids to interpretation …
(1) to determine the intention of the parliament
(2) when the words in the legislation seem unclear and ambiguous
(3) to determine the abstract purpose of the text
(4) to determine the purpose of the parliament.

Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students (2012), paragraph
5.3.1

Question 9
The presumption that legislation applies only to the future, is based on….
(1) the prevention of fair and reasonable results.
(2) predictability and illegality.
(3) unpredictability and legality.
(4) the prevention of unfair and unreasonable results.

Only statement (4) is correct. See Botha C Statutory interpretation: An introduction for students (2012), paragraph
3.4.1.

Question 10
A directory statutory provision requires …
(1) Exact compliance
(2) Direct compliance
(3) Must be strictly adhered to
(4) Substantial compliance
Only statement (4) is correct. See Botha C Statutory interpretation: An introduction for students (2012), paragraph
8.1.

Question 1
In S v Makhubela 1981 (4) SA 210 (B) …
(1) the court held that the word “drive” should only be construed according to its dictionary meaning.

(2) the accused was charged with the performance of illegal abortions in terms of the Abortion and Sterilisation Act 2
of 1975.

16
(3) the court decided that the definition of the word “drive”, as found in the Road Traffic Act 7 of 1973, was
inadequate, and therefore also consulted a dictionary.
(4) the case dealt with a claim for damages after a police vehicle had collided with a private motorcar.

Only statement (3) is correct. See Botha C Statutory interpretation: an introduction for students (2012) 123, paragraph
6.1.3 (a).

Question 2
Section 13 of the Interpretation Act 33 of 1957 states that legislation may commence:
(1) when it is published in the Government Gazette or on a date specified in the legislation or on an unspecified date
still to be proclaimed by the President or the Premier of a province.
(2) when it is published in the Government Gazette or on a date specified in the legislation or when it is published in
a national newspaper.
(3) when it is published in the Government Gazette or on an unspecified date still to be proclaimed by the Minister of
Justice and Constitutional Development.

(4) when it is published in the Government Gazette or on a date specified in the legislation or at the time when it
becomes known throughout the country through mass information campaigns/sessions.

Answer: Statement (1) is correct. In terms of section 13(1) of the Interpretation Act, the expression "commencement",
when used in any law and with reference thereto, means the day on which that law comes or came into operation, and
that day shall, subject to the provisions of sub-section (2) and unless some other day is fixed by or under the law for
the coming into operation thereof, be the day when the law was first published in the Gazette as a law. In terms of
section 13(2), "day" begins immediately at the end of the previous day (i.e. immediately after midnight at 00:00). This
effectively means retrospective commencement, because by the time the Gazette is published, the legislation would
have been in force for a few hours.

Question 3
According to the textualism viewpoint, courts will only use the secondary and tertiary aids to interpretation …
(1) to determine the intention of the legislature.
(2) when the words in the legislation seem unclear and ambiguous.
(3) to determine the abstract purpose of the text.
(4) to determine the purpose of the legislation.

Statement (2) is correct. This is known as the golden rule of textual interpretation. Only when the words in the
legislation seem unclear and ambiguous may the courts turn to secondary and tertiary aids. In this method of
interpretation, it is believed that the plain grammatical meaning of the words as they are found in the legislation
constitutes the intention of the legislature and thus the purpose of the legislation.

Question 4
According to the practical inclusive method of interpretation, teleological interpretation …
(1) considers the circumstances which gave rise to the adoption of the legislation and the legislative history (prior
legislation and preceding discussions).
(2) is a value-coherent interpretation where the aim and purpose of the legislation must be ascertained against the
fundamental constitutional values.

17
(3) refers to the process during which the court examines the interpretation of similar legislation by foreign courts,
as well as international law.
(4) is concerned with the clarification of the meaning of a particular legislative provision in relation to the legislative
text as a whole.

Only statement (2) is correct. See Botha C Statutory interpretation: an introduction for students (2012) 108, paragraph
5.3.4.

Question 5
Indicate which statement is NOT correct: The mischief rule …
(1) is an explanation of the legislation which is given by persons in some or other way involved in the adoption of the
legislation, or shortly afterwards during its first application.
(2) was laid down by Lord Coke in the famous Heydon’s case (1584) 3 Co Rep 7a (76 ER 637).
(3) aims to examine the circumstances that lead to the adoption of the legislation in question.
(4) was applied in Santam Insurance Ltd v Taylor 1985 (1) SA 514 (A) where the court examined the historical
background of the Compulsory Motor Vehicle Insurance Act 56 of 1972 in order to ascertain its purpose.

Only statement (1) is correct. See Botha C Statutory interpretation: an introduction for students (2012) 152, paragraph
6.4.4.

Question 6
In Jaga v Dönges 1950 (4) SA 653 (A), Schreiner JA ...
(1) acknowledged that the purpose of section 22 of Act 22 of 1913 was to create a subjective test for the
identification of undesirable persons who should be removed from society by deportation.
(2) stated that irrespective of how clear or unambiguous the grammatical meaning of the legislative text may seem
to be, the relevant contextual factors may be taken into account.
(3) stated that the ordinary meaning of the expression “sentenced to imprisonment” is unambiguous and solely
meant “being physically removed to prison”.
(4) acknowledged that right from the outset the interpreter may take the wider context of the provision into
consideration with the legislative text in question.

Only statement (4) is correct. See Botha C Statutory interpretation: an introduction for students (2012) 98, paragraph
5.3.2.

Question 7
The following are some of the semantic and jurisprudential guidelines and the presumptions about specific
circumstances determining that a provision is directory. Identify the INCORRECT guideline.
(1) If strict compliance with the provisions would lead to injustice and even fraud, it is presumed that the provision is
directory.
(2) If the wording of the provision is in negative terms, and a penal sanction (punishment) is included for non-
compliance with the requirements, it is an indication that the provision in question should be regarded as directory.
(3) If other provisions in the legislation could become superfluous (meaningless) when non-compliance with
prescribed requirements results in the nullity of the act, there is a presumption that the requirements are merely
directory.

(4) If the provision is formulated in flexible or vague terms, it is an indication that it is directory.

18
Only statement (2) is correct. See Botha C Statutory interpretation: an introduction for students (2012) 178, paragraph
8.2.2.
Question 8
When interpreting a piece of legislation, internal aids are used. Which of the aids mentioned below is not an internal
aid of interpretation?
(1) The long title.
(2) The definition clause.
(3) Commission reports.

(4) The preamble.

The correct answer is (3). The long title, definitions clause and the preamble are all internal aids to statutory
interpretation. Commission reports are an external aid.

Question 9
Although they are published in the Government Gazette, the following documents do not constitute legislation:
(1) Legal notices, reports, draft Bills, discussion papers and proclamations.
(2) Legal notices, reports, draft Bills, discussion papers and advertisements.
(3) Legal notices, reports, draft Bills, discussion papers and the Constitution.
(4) Legal notices, reports, draft Bills, discussion papers and regulations.
The correct answer is (2). Advertisements do not constitute legislation.

Question 10
The following are guidelines to constitutional interpretation. Please state which guideline is incorrect.
(1) A supreme constitution must be given a generous and purposive interpretation.
(2) The spirit and tenor of the Constitution must be adhered to during interpretation.
(3) The context of the Constitution is anchored by the values in the Constitution.
(4) The principles of international human rights law must be applied during interpretation.

The correct answer is (3). Respect must be paid to the language in the Constitution. Although the text is balanced and
qualified by various contextual factors, the context is anchored to the particular constitutional text. Thus historical
context and comparative interpretation can never reflect a purpose that is not supported by the constitutional text as
legal instrument.

Question 11
Adoption refers to ...
(1) the process of putting legislation officially and legally into operation.
(2) a state of affairs where legislation operates as of a time prior to its enactment, in other words, it operates
backwards in time and changes the law from what it was.

(3) the constitutionally prescribed and other legal processes and procedures required for the draft legislation to
become law, including preparation of a draft Bill, introduction of the Bill in the legislature, and public participation (if
required), as well as the committee stages, voting and assent.
(4) construing enacted legal texts with reference to and reliance on other legal texts, concretising the text to be
construed so as to cater for the exigencies of an actual or hypothesised concrete situation.
19
The correct answer is (3). See Botha C Statutory interpretation: An introduction for students (2012), paragraph 3.1.

Question 12
Indicate which statement is NOT correct.
Followers of the contextual school claim the following:
(1) The court has a creative law-making function during statutory interpretation.
(2) It is the task of the court to ensure that the legislative process has a just end.
(3) Only when the court applies legislation, does it become a real and complete, functional statute.

(4) The court should interpret legislation only within the framework of the words in the legislation.

The correct answer is (4). This statement supports the orthodox approach.

Question 13
The presumption that legislation applies only to the future is based on ...
(1) the prevention of fair and reasonable results.
(2) predictability and illegality.
(3) unpredictability and legality.

(4) the prevention of unfair and unreasonable results.

The correct answer is (4). See Botha C Statutory interpretation: an introduction for students (2012), paragraph 3.4.

Question 14
Indicate which statement is NOT correct: According to Botha, the following principles govern conflicts arising between
signed and unsigned legislation:
(1) The unsigned version of the legislative text may never be used to determine the intention of the legislature.
(2) The signed version is conclusive only when there is an irreconcilable conflict between the versions.
(3) If the one version of the text is wider than the other, then the common-denominator rule is followed.
(4) If the versions differ but there is not conflict, the versions complement one another and they have to be read
together.

Only statement (1) is correct. See Botha C Statutory interpretation: an introduction for students (2012), paragraph
6.2.4.

Question 15
In National Coalition for Gay and Lesbian Equality v Minister of Home Affairs 2000 (2) SA 1 (CC), the Constitutional
Court laid down a number of principles to be considered and followed before … is applied.
(1) reading-down
(2) substitution
(3) reading-in
(4) suspension

20
Only statement (3) is correct. See Botha C Statutory interpretation: an introduction for students (2012) 195, paragraph
9.4.1.

Question 16
In Carmichele v Minister of Safety and Security 2001 (4) SA 938 (CC) the Constitutional Court stressed that a court is
obliged to…………..
(1) develop the common law in view of the Constitution.
(2) allow legislation to trump common law if it is usually the practice.
(3) allow common law and legislation to operate side by side.
(4) develop common law in view of applicable legislation.

The correct answer is (1). See See Botha C Statutory interpretation: an introduction for students (2012), paragraph 2.5.

Question 17
Statutory interpretation …
(1) deals with those rules and principles which are used to construct the correct meaning of legislative provisions to
be applied in impractical situations.
(2) is easy, quick and mechanical; doesn’t require excellent language skills and neither must the interpreter have a
very good knowledge of the law and know where to find it.
(3) is about construing enacted law-texts with reference to and reliance on other law-texts, concretising the text to
be construed so as to cater for the exigencies of an actual or hypothesised concrete situation.
(4) is a mechanical exercise during which predetermined formulae, well-known maxims and careful reading will
reveal the meaning of the legislative provision.

Only statement (3) is correct. See Botha C Statutory interpretation: an introduction for students (2012) 4–5, paragraph
1.2.

Question 18
The Constitution:
(1) provides that the spirit and purport of the Bill of Rights must be promoted when interpreting legislation.
(2) influenced the interpretation of statutes only in cases of delegated legislation.

(3) provides that international law may not be used to choose between different interpretations of the same
legislation.
(4) provides that legislation must be published at least 10 days before its commencement.

The correct answer is (1). Section 39(2) of the Constitution states the following: “When interpreting legislation, and
when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport
and objects of the Bill of Rights.”

Question 19
The process of putting legislation officially and legally into operation is known as …
(1) promulgation
(2) repeal
(3) adoption
21
(4) amendment

Only statement (1) is correct. See Botha C Statutory interpretation: an introduction for students (2012) 46, paragraph
3.1.

Question 20
Fill in the missing words: In terms of section 172 of the Constitution, the … Court, Supreme Court of Appeal or the …
Court may declare legislation unconstitutional.
(1) High, Equality
(2) Magistrate’s, Constitutional
(3) Magistrate’s, Equality
(4) High, Constitutional
Only statement (4) is correct. The High Court, the Supreme Court and the Constitutional Court may declare legislation
unconstitutional.

22