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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
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