Theme 6 - A practical and inclusive method of interpretation-language Flashcards

1
Q

Basic principles.

Discuss the initial meaning of the text.

The language dimension.

A
  • Every word must be given a meaning, words must be given their ordinary meaning, and technical words must be given their technical meaning, etc.
  • In Volschenk v Volschenk it was decided that the most important rule of interpretation was to give words their ordinary, literal meaning.
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2
Q

Basic principles.

Explain why every word is important.

The language dimension.

A
  • Legislation should be interpreted in such a way that no word/sentence is regarded as redundant.
  • However, sometimes the drafters of legislation, in their quest to be thorough and overcautious can overlap and use repetition, these can be omitted.
  • In Keyter v Minister of Agriculture it was pointed out that the court’s function is to give effect to every word, unless it is absolutely essential to regard it as unwritten.
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3
Q

Basic principles.

Discuss no addition/subtraction from the words used in the legislation.

The language dimension.

A

It is a basic principle that there may be no addition to /subtractions because, in the final analysis, the purpose of the legislation is the qualifier of the meaning of the text.

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4
Q

Basic principles.

Discuss the continuing time-frame of legislation: the law is always speaking.

The language dimension.

A
  • Initially, the ordinary meaning given when the text was enacted remains the same years later, however, later the courts became less rigid.
  • It was held that the purpose of the Act were to be interpreted flexibly in order to deal with new technologies on a continuous basis rather than to interpret it narrowly forcing the legislature to periodically update the Act.
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5
Q

Internal language aids to interpretation.

Discuss the legislative text in another official language.

The language dimension.

A
  • Statutory bilingualism, the other text used to clarify any obscurity.
  • Prior to the commencement of the 1993 Constitution, legislation was drafted in two official languages and text in the other language was used to clarify obscurities.
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6
Q

Internal language aids to interpretation.

Discuss the preamble.

The language dimension.

A
  • Usually contains a program of action/declaration with regard to the broad principles contained in the particular statute.
  • They may be used to interpret a meaning of a text since legislation has to be read in whole to find meaning.
  • Although on its own it can never provide the final meaning, it should provide the interpreter with a starting point.
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7
Q

Internal language aids to interpretation.

Discuss the long title.

The language dimension.

A
  • Provides a short description of the subject matter of the legislation.
  • Since it forms part of the statute consideration in the legislature during the legislation process, the courts are entitled to use it to establish purpose.
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8
Q

Internal language aids to interpretation.

Discuss the definition clause.

The language dimension.

A
  • This is an internal dictionary.
  • A deviation from the meaning in the definition clause will be justified only if the defined meaning is not the correct interpretation within the context of the particular provision.
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9
Q

Internal language aids to intepretation.

Discuss the express purpose clauses and interpretation guidelines.

The language dimension.

A

The express purpose clause has the same but a lot
more detail than the preamble and definition clause and should play a bigger part in interpretation.

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10
Q

Internal language aids to interpretation.

Discuss the headings to chapters and sections.

The language dimension.

A
  • In textual approach they were used to determine purpose of the legislation only when the rest of the provision is not clear.
  • Headings should be used to determine the purpose of legislation in the contextual approach.
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11
Q

Internal language aids to interpretation.

Discuss schedules.

The language dimension.

A

Schedules serve to shorten and simplify the content-matter and the value depends on the nature thereof, its relationship to the rest of the text and the language in which the legislation refers to it.

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12
Q

External language aids to interpretation.

Discuss dictionaries and linguistic evidence.

The language dimension.

A

The dictionary meaning is only a guideline to ascertain the scope of the meaning of the word, it cannot point out which of a number of meanings can be applied to a text, thus the need for the context.

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13
Q

External language aids to interpretation.

Discuss examples and footnotes.

The language dimension.

A

The use of footnotes in interpretation is a new trend, used to facilitate better and more streamlined cross-references.

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14
Q

External language aids to interpretation.

Discuss the definition in the Constitution and the Interpretation Act.

The language dimension.

A

There is a large number of definitions in other legislation that expressly have a wider application, definitions in section 2 of the Interpretation Act will apply to all other legislation unless expressly provided otherwise.

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15
Q

External language aids to interpretation.

Discuss the clock is ticking: computation of time.

The language dimension.

A
  • Legal documents must be filed on time, debts paid within a certain time etc.
  • The matter of the computation of time is very important, because a large number of statutory enactments and contractual provisions prescribe a time/period. This help in interpretation.
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