Theme 6 - A practical and inclusive method of interpretation-language Flashcards
Basic principles.
Discuss the initial meaning of the text.
The language dimension.
- 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.
Basic principles.
Explain why every word is important.
The language dimension.
- 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.
Basic principles.
Discuss no addition/subtraction from the words used in the legislation.
The language dimension.
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.
Basic principles.
Discuss the continuing time-frame of legislation: the law is always speaking.
The language dimension.
- 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.
Internal language aids to interpretation.
Discuss the legislative text in another official language.
The language dimension.
- 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.
Internal language aids to interpretation.
Discuss the preamble.
The language dimension.
- 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.
Internal language aids to interpretation.
Discuss the long title.
The language dimension.
- 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.
Internal language aids to interpretation.
Discuss the definition clause.
The language dimension.
- 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.
Internal language aids to intepretation.
Discuss the express purpose clauses and interpretation guidelines.
The language dimension.
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.
Internal language aids to interpretation.
Discuss the headings to chapters and sections.
The language dimension.
- 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.
Internal language aids to interpretation.
Discuss schedules.
The language dimension.
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.
External language aids to interpretation.
Discuss dictionaries and linguistic evidence.
The language dimension.
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.
External language aids to interpretation.
Discuss examples and footnotes.
The language dimension.
The use of footnotes in interpretation is a new trend, used to facilitate better and more streamlined cross-references.
External language aids to interpretation.
Discuss the definition in the Constitution and the Interpretation Act.
The language dimension.
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.
External language aids to interpretation.
Discuss the clock is ticking: computation of time.
The language dimension.
- 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.
