CH 6 Case Law

Question 1

S v Mack

Answer 1

Attach the ordinary meaning to words

Question 2

Volschenk v Volschenk

Answer 2

The most important rule of interpretation is to give words their ordinary, literal meaning.

Question 3

R v Njiwa

Answer 3

The punctuation must be taken into consideration during interpretation.

Question 4

Evans v Schoeman

Answer 4

Not being bound by legislation (as a result of the presumption) does
not mean that state liability is also automatically excluded.

Question 5

Fedsure Life Assurance Ltd v Greater Johannesburg Transitional
Metropolitan Council

Answer 5

Government agencies and organs of state should always be bound by their own legislation, unless they can prove that they would be hampered in the execution of their duties and functions if bound by the legislation.

Question 6

Bok v Allen

Answer 6

The use of the preceding discussions was rejected outright.

Question 7

Hopkins v Bloemfontein District Creamery

Answer 7

The court held that the prevailing law prevented the use of a commission report on the Companies Act.

Question 8

Rand Bank v De Jager

Answer 8

commission of inquiry, which was largely responsible for the Prescription Act, was an admissible aid to interpretation of the Act

Question 9

Santam Insurance Ltd v Taylor

Answer 9

The court was obliged, on account of ambiguous language used
in the Act, to examine the historical background of the Act to
ascertain its purpose.

Question 10

NDPP v Seevnarayan

Answer 10

Court rejected argument that preamble may be considered only if a text is not clear and ambiguous which we don’t use anymore.

Question 11

Nasionale Vervoerkommissie van Suid-Afrika v Salz Gossow Transport

Answer 11

the court pointed out that when interpreting certain provisions, a statute must be studied in its entirety

Question 12

Jaga v Donges

Answer 12

Rejected the narrow view and stated that the interpreter could examine the broader context even if the text was quite clear.

Question 13

Prokureur-Generaal v Van Zyl

Answer 13

1) The court favored a practical, purposive interpretation
2) If there are two possible interpretations, the court must try, if it is reasonably possible, to adopt an interpretation that will
render the legislation effective

Question 14

R v Forlee

Answer 14

no rule no crime

Question 15

Maccsand

Answer 15

No conflicting legislations,separate things, no 146-150

Question 16

S v Debryn

Answer 16

Rejected that King is not bound by own rules, King could do no wrong
Case law example

Question 17

S v F

Answer 17

Ignores Text based approach which is value laden approach