Theme 5

Question 1

Transformative Interpretation

Answer 1

1) Interpreting the Constitution in a way that facilitates of South African society

Question 2

Historical Interpretation

Answer 2

History of the country plays a vital role

Question 3

Generous Interpretation

Answer 3

The courts are required to interpret as wide and beneficial as possible to a claimant as provided by the Constitution

Question 4

Comparative Interpretation

Answer 4

Interpretation with reference to comparative provision and case law in comparative jurisdiction

Question 5

Systematic Interpretation

Answer 5

Provisions are concerned, must be interpreted within broader system with relation to text

Question 6

Teleological Interpretation

Answer 6

Similar to purposive, Requires aim and purpose to ascertain the interpretation

Question 7

Section 39

Answer 7

1) Endorces Purposive Interpretation
2) Endorces Comparative Interpretation

Question 8

Glenister case