CH 7 Case Law

Question 1

Engels v Allied Chemical Manufacturers

Answer 1

Established the orthodox viewpoint.

Question 2

Zimnat Insurance Co Ltd v Chawanda

Answer 2

It sometimes happens that the goal of social and economic changes is reached more quickly through legal development by the judiciary than by the legislature

Question 3

Matiso v Commanding Officer, Port Elizabeth Prison

Answer 3

Constitution provides more flexibility to the courts

Question 4

Bloemfontein Tow Council

Answer 4

1) That under these circumstances the right to take away the
silt from the dam was one conferred by necessary implication
2) Legislature intended an
interference with private rights.

Question 5

Ex Parte Dow

Answer 5

1) If the literal application of the law leads to harmful results or
results that are not in line with the intention of the legislature,
then it is not applied.
2) This is an example of modificative interpretation.