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IOS2601 ASSIGNMENT 1
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IOS2601ASSIGNMENT 1
SEMESTER 2 -
2023
ADMIN
[COMPANY NAME]
, 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)
Jaga v Dönges, also known as Jaga and Others v Dönges and Others, is a significant
South African legal case from 1950. The case involved issues related to racial
discrimination and the apartheid policies that were enforced in South Africa during that
time.
The basic facts of the Jaga case are as follows:
1. In 1950, the South African government implemented the Population Registration Act,
which classified individuals into different racial groups, such as White, Coloured, Indian,
and Black. These classifications had significant implications for various aspects of
people's lives, including their rights and privileges.
2. The Jaga case centered around a group of individuals who were classified as "Coloured"
under the Population Registration Act but argued that they should be classified as
"White" instead. They contended that they were of mixed-race heritage but should be
treated as White based on their physical appearance and social connections.
3. The individuals involved in the case sought to challenge their classification through legal
means, asserting that the racial classification was unjust and that it affected their rights
and freedoms.
4. The case ultimately went before the South African Appellate Division (now known as the
Supreme Court of Appeal), where the court had to consider the legal and constitutional
implications of the racial classification system in South Africa, particularly in light of the
apartheid policies.
The Jaga case is significant because it raised important questions about racial
discrimination and the enforcement of apartheid laws in South Africa. While I can't
provide specific details from the case itself, this overview should give you a general
understanding of the facts and context surrounding Jaga v Dönges.
(b) NAME AND DISCUSS the dominant interpretive approach before 1994 as
followed by the majority in Jaga; (14)
Before 1994, South Africa was under the apartheid regime, and the dominant
interpretive approach followed by the majority in the Jaga case was one that supported
and upheld the apartheid policies and laws. This approach can be characterized as a
formalistic and literalist interpretation of statutes, which essentially meant that the
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