CH 5 Case Law

Question 1

R v Kirk

Answer 1

The legislature has a specific intention, and the ordinary, grammatical meaning of the text is decisive in determining it.

Question 2

Jaga v Donges

Answer 2

1) From outset, interpreter can take wider context of the
provision into consideration.
2) Regardless of the clarity of the language, the wider contextual
factors must be considered.
3) Sometimes this wider context may be more important.
4) Once the meaning of the text and context is determined, it
must be applied.

Question 3

S v Zuma

Answer 3

1) The importance of words in constitutional interpretation was
stressed.
2)There is no primary, secondary or tertiary hierarchical order
of importance of aids.

Question 4

University of Cape Town v Cape Bar Council

Answer 4

The court has to examine all the contextual factors in ascertaining the intention of the legislature, irrespective of whether or not the words of the legislation are clear and
unambiguous

Question 5

S v Makwanyana

Answer 5

Preamble provides for democratic values, social justice and
fundamental human rights.
Courts must protect these values.

Question 6

Batho Star Fishing

Answer 6

The Ngcobo Judgment
1) Concurred with the judgement but sought to emphasize the
importance of transformation.
2) Argues that the Constitution is the Supreme Law of the
Republic.