1. Botha identifies three false assumptions that textualists make about the law-making
function of the courts. Which of the following is not one of the assumptions?
A. They confuse the modification of the meaning of legislation with the literal modification of
the text or language of the legislation
B. The common-law presumption that the legislature does not intend futile, meaningless
and nugatory legislation
C. They rely on the doctrine of parliamentary supremacy which has been replaced by the
Constitution
D. They are willing to accept a literal interpretation of a statute which goes beyond the
purpose of the legislation
Pages 51-52 of Study guide
2. The Constitution…
A. provides that international law may not be used to choose between different
interpretations of the same legislation.
B. provides that the spirit and purport of the Bill of Rights must be promoted when
interpreting legislation.
C. influenced the interpretation of statutes only in cases of delegated legislation.
D. provides that legislation must be published at least 10 days before its commencement.
Section 39(2) of the Constitution states that “When interpreting legislation, and when
developing the common law or customary law, every court, tribunal or forum must promote
the spirit, purport and objects of the Bill of Rights”.
3. The judicial act of cutting out the offending part of a provision in a piece of legislation in
order to rescue it from the fate of unconstitutionality is known as:
2
, A. reading in.
B. reading down
C. severance.
D. substitution.
Page 197 of Textbook
4. The following are semantic guidelines determining that a provision is directory. Identify
the incorrect guideline.
A. Permissive words such as “may” indicate discretion and will be interpreted as being
directory, unless the purpose of the provision indicates otherwise.
B. Positive language suggests that the word is merely directory.
C. A word or words with an imperative character indicate a directory provision.
D. If the provision is formulated in flexible and vague terms, it is an indication that it is
directory.
Pages 177-178 of Textbook
5. Indicate the incorrect option
According to section 12(2) of the Interpretation Act 33 of 1957, where a law repeals any
other law, then, unless the contrary intention appears, the repeal shall not
A. affect the previous operation of any law so repealed or anything duly done or suffered
under the law so repealed
B. affect any right, privilege, obligation or liability acquired, accrued, or incurred under any
law so repealed
C. affect any penalty, forfeiture or punishment incurred in respect of any sentence imposed
by the law so repealed
D. affect any investigation, legal proceeding, or remedy in respect of any such right,
privilege, obligation, liability, forfeiture, or punishment
3
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