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IOS2601 EXAM PACK
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answers,Question 1
Promulgation refers to...
(1) the different stages, readings and processes through which legislation has to pass before it is
accepted and issued by the relevant legislative body.
(2) the process by which the judiciary may modify or adapt the ordinary meaning of a legislative
provision in such a way that it conforms to the purpose or aim of the legislation.
(3) the process by which legislation commences and is formally put into operation.
(4) the process whereby legislation which is alleged to be in conflict with the Constitution is reviewed or
tested by the court.
Only statement (3) is correct. See Botha C Statutory interpretation: An introduction for students (2012).
Question 2
When interpreting a piece of legislation, internal aids are used. Which of the aids mentioned below is
not an internal aid of interpretation?
(1) The long title.
(2) The definitions clause.
(3) Commission reports.
(4) The preamble.
Only statement (3) is correct. See Botha C Statutory interpretation: An introduction for students (2012).
Question 3
The following are semantic guidelines determining that a provision is directory. Identify the incorrect
guideline.
(1) Permissive words such as “may” indicate discretion and will be interpreted as being directory, unless
the purpose of the provision indicates otherwise.
(2) Positive language suggests that the word is merely directory.
(3) A word or words with an imperative character indicate a directory provision.
(4) If the provision is formulated in flexible and vague terms, it is an indication that it is directory.
Only statement (3) is correct. See Botha C Statutory interpretation: An introduction for students (2012).
answers
,Question 4
Indicate which statement is NOT correct.
Followers of the contextual school claim the following:
(1) The court has a creative law-making function during statutory interpretation.
(2) It is the task of the court to ensure that the legislative process has a just end.
(3) Only when the court applies legislation does it become a real and complete, functional statute.
(4) The court should interpret legislation only within the framework of the words in the legislation.
Only statement (4) is correct. See Botha C Statutory interpretation: An introduction for students (2012).
Question 5
Although they are published in the Government Gazette, the following documents do not constitute
legislation:
(1) Legal notices, reports, draft Bills, discussion papers and proclamations.
(2) Legal notices, reports, draft Bills, discussion papers and advertisements.
(3) Legal notices, reports, draft Bills, discussion papers and the Constitution.
(4) Legal notices, reports, draft Bills, discussion papers and regulations.
Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students (2012).
Question 6
If an act was tabled on 13 January, agreed to by the parliament on 14 January, signed by the president
on 21 February and published in the Government Gazette on 2 March, what would the date of
promulgation be?
(1) 21 February.
(2) 2 March.
(3) 13 January.
(4) 14 January.
Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students (2012).
answers
, Question 7
The following are guidelines to constitutional interpretation. Please state which guideline is incorrect.
(1) A supreme Constitution must be given a generous and purposive interpretation.
(2) The spirit and tenor of the Constitution must be adhered to during interpretation.
(3) The context of the Constitution is anchored by the values in the Constitution.
(4) The principles of international human rights law must be applied during interpretation.
Only statement (3) is correct. See Botha C Statutory interpretation: An introduction for students (2012).
Question 8
Comparative interpretation entails:
(1) That the travaux preparatoires of the constitution may be consulted as an external aid, but they
cannot be the deciding factor.
(2) A process during which the court examines international law and the constitutional decisions of
foreign courts.
(3) An acknowledgement of the importance of the role of the language of the constitutional text.
(4) That the values and moral standards underpinning the Constitution must be taken into account
throughout.
Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students (2012).
Question 9
In terms of section 172 of the Constitution, the following courts may declare legislation
unconstitutional:
(1) a High Court, the Supreme Court of Appeal or a magistrate’s court
(2) a High Court, the Supreme Court of Appeal or the Constitutional Court
(3) a High Court, the Supreme Court of Appeal or a chief’s court
(4) a High Court, the Supreme Court of Appeal or a small claims court
Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students (2012),
paragraph 4.3.1.
answers
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