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IOS2601 Assignment 1 Semester 2 2023 (718599) - DUE 18 August 2023 $3.00
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IOS2601 Assignment 1 Semester 2 2023 (718599) - DUE 18 August 2023

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  • August 9, 2023
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IOS2601 Assignment 1
Semester 2 2023
(718599) - DUE 18
August 2023
QUESTIONS AND ANSWERS




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, 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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