The Five interrelated dimensions of interpretation CH6 Flashcards
Volschenk v Volschenk
The most important rule of interpretation is to give words their ordinary, literal meaning
Sigacu v Sigacu
The court argued that ‘ordinary meaning’ includes the ordinary grammatical meaning.
Keyter v Minister of Agriculture
The court’s function is to give effect to every word, unless it is absolutely essential to regard it is unwritten.
R v Njiwa
That the punctuation must be taken into consideration
during interpretation.
Conflicting Legislation
Subsidiarity Principle
Where it is possible to solve an issue without reaching a constitutional issue, the issue must be solved in that way
S v Mhlungu
The Constitution is not ignored, it just means the courts
must first try to solve an issue without it.
Du Plessis’ Explanation of Principle of Subsidiarity
The highest authority of the Constitution is, in other words, not
to be overused to decide issues that can be disposed of with
reliance on specific, subordinate and non-constitutional precepts of law.
Internal Conflicts and the Presumption against futile and nugatory
legislation
1) Unless the contrary is clear, it is presumed that the legislature
doesn’t intend legislation which is futile or nugatory.
2)This forms the basis of the most important principle of
interpretation:
3) Court must determine the purpose of legislation and give
effect to it.
4) Since statutory interpretation is a purposive activity, this
presumption constitutes its very essence.
Conflicts with other legislation
NB Sections 146 – 150 of Constitution
The Presumption that government bodies are not bound by their
own legislation
It is presumed that the government bodies are not bound by their
own legislation, unless the legislation expressly or by necessary
implication provides otherwise.
Evans v Schoeman
1) If the state would be rendered subject to the authority of or
interreference by its own officials, state will be liable
2) If the state would be affected by penal provisions (S v Huyser)
Principle of Legality Explained
It seems central to the conception of our constitutional order
that the Legislature and Executive in every sphere are constrained by the principle that they may exercise no power and perform no function beyond that conferred upon them by law
However, the correct position in future should be as follows
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
The Teleological
Dimension
Also known as the value-laden dimension, and is referred to as the
ghost in the machine.
Sidumo v Rustenburg Platinum Mines Ltd
Text and values work together in integral fashion to provide the protections promised by the Constitution.
Preceding Discussions
Debates during the legislative process
The debates preceding the acceptance of a bill are useful in establishing
the intention of the legislature, especially wh
Bok v Allen
The use of the preceding discussions was rejected outright.
Hopkins v Bloemfontein District Creamery
The court held that the prevailing law prevented the use
of a commission report on the Companies Act.
Rand Bank v De Jager
Rand Bank v De Jager
* The court decided that the report by the one-man commission of inquiry, which was largely responsible for the Prescription Act, was an admissible aid to interpretation of the Act
Santam Insurance Ltd v Taylor
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.
Contemporanea Expositio
Is an exposition (description) of the legislation at the time of its
adoption or shortly thereafter.
when a person involved in
the adoption of legislation, gives an explanation of it.
Subsecuta Observatio
1)Refers to the established use or custom which may originate at any
time after the adoption, which may be in conflict with the
contemporanea expositio.
2) The long-term use of a measure may be the deciding factor where
more than one interpretation is possible.
The Comparative Dimensions
1) Court examines international law
and the constitutional decisions of foreign courts
2) We can derive assistance from international law and foreign case law but we are not bound to follow it”.
International Law
S231- States that an international treaty becomes South African
law when it is enacted into law by national legislation.
S232 -Provides that customary international law is law unless it
is inconsistent with the Constitution or an Act.
S233 -Constitutional confirmation of the common law
presumptions that legislation does not violate international law.
Courts should prefer a reasonable interpretation that does not
contravene international law
