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IOS2601 Assignment 1 Semester 2 2023 (718599) - DUE 18 August 2023
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IOS2601ASSIGNMENT 1
SEMESTER 2
2023 (718599) -
DUE 18 AUGUST
2023
QUESTIONS WITH
ANSWERS
[School]
[Course title]
, IOS2601 Assignment 1 Semester 2 2023
The Jaga v Dönges 1950 (4) SA 653 (A), which was delivered at the height of
apartheid, remains important for the interpretation of statutes after the
democratic transformation. Kindly read the case and answer the following
questions.
(a) BRIEFLY PROVIDE facts of the Jaga case. (6)
The Jaga v Dönges case, delivered in 1950, involved a dispute between a
landlord and a tenant. The tenant, Jaga, was a colored person who rented
a property from Dönges, a white person. The lease agreement contained a
clause that prohibited Jaga from subletting the property without the written
consent of the landlord. Jaga sublet a portion of the property to another
colored person without obtaining written consent. Dönges sought to evict
both Jaga and the subtenant, claiming that the subletting was a breach of
the lease agreement.
(b) NAME AND DISCUSS the dominant interpretive approach before 1994
as followed by the majority in Jaga; (14)
Before 1994, the dominant interpretive approach followed by the
majority in Jaga was the literal approach. This approach required a strict
and literal interpretation of the words used in the statute or contract. The
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