IOS2601 Interpretation Of Statutes MCQs FROM OLD ASSIGNMENTS ().
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IOS2601 - Interpretation Of Statutes (IOS2601)
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University Of South Africa
IOS2601 Interpretation Of Statutes MCQs FROM OLD ASSIGNMENTS (). Question 1
(a) Old order legislation may be defined as any legislation enacted before the final Constitution took effect.
(b) Original legislation includes Acts of Parliaments, new provincial Acts, provincial ordinances,
legislatio...
ios2601 interpretation of statutes mcqs from old assignments 2012 2017
ios2601 interpretation of statutes
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IOS2601 - Interpretation Of Statutes (IOS2601)
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IOS2601 MCQs FROM OLD ASSIGNMENTS (2012 -2017)
Question 1
(a) Old order legislation may be defined as any legislation enacted before the final Constitution took effect.
(b) Original legislation includes Acts of Parliaments, new provincial Acts, provincial ordinances,
legislation of the former homelands, new municipal legislation and legislation of the former TBVC states.
(1) Both statements are correct.
(2) Only statement (b) is correct.
(3) Both statements are wrong.
(4) Only statement (a) is correct.
(2) Only statement (b) is correct. (See Botha pp 12-16, paras 2.2.1 and 2.2.2(ii)).
Question 2
In the case of S v Koopman 1991 (1) SA 474 (NC):
(a) The accused was found guilty of contravening the Criminal Procedure Act 51 of 1977.
(b) The accused was sentenced to life imprisonment.
(c) The court used section 11 of the Interpretation Act 33 of 1957 to arrive at a just conclusion.
(d) The presumption against futile and nugatory provisions assisted the court in reaching its decision.
(1) All the statements are correct.
(2) All the statements are wrong.
(3) Only statement (a) is correct.
(4) Only statements (a) and (b) are correct.
(5) Only statements (c) and (d) are correct.
(5) Only statements (c) and (d) are correct. (See Botha p 40, para 4.4).
Question 3
The intention of the legislature is not considered during the interpretation process because:
(a) Some of the members of parliament will only support legislation for the sake of party unity but may be personally opposed
to a Bill;
(b) Some of the members of parliament may oppose the legislation for various reasons, with the result that the legislation
ultimately only reflects the ‘intention’ of the majority of the legislature.
(c) We cannot expect all parliamentarians to understand complex and highly specialized technical legislation.
(d) The Bill presented before parliament for consideration, is not drafted by parliamentarians themselves, but by drafters acting
on the advice of bureaucrats from state departments;
(e) Some members of the legislative body might be absent when voting on a bill takes place.
(1) All the statements are correct.
(2) Only statements ((a), (c),(d) and (e) are correct.
(3) All the statements are wrong.
(4) Only statements (b), (d) and (e) are correct.
(5) Only statements (a), (c) and (e) are correct.
(1) All the statements are correct. (See Botha page 66-67, para 6.1.2).
Question 4
(a) Restrictive interpretation is applied when the preamble of the particular legislation embraces more than its purpose.
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,(b) The law-making powers of the courts are restricted because of the common-law presumption that legislation only applies to
the future.
(1) Both statements are correct.
(2) Only statement (a) is correct.
(3) Only statement (b) is correct.
(4) Both statements are wrong.
(4) Both statements are wrong. (See Botha pp 102-105, para 8.3.2 (i)).
Question 5
(a) Where legislation protects private revenue, a presumption against nullity exists, even if a penal clause has been added.
(b) A word or words with an imperative or affirmative character indicates a directory provision.
(c) If strict compliance with the provisions would lead to justice and even fraud, it is presumed that the provision is directory.
(d) The Constitution does not contain any peremptory provisions.
(1) Only statements (a), (b) and (d) are correct.
(2) Only statements (a), (b) and (c) are correct.
(3) Only statements (b)and (c) are correct.
(4) All the statements are wrong.
(5) All the statements are correct.
4) All the statements are wrong. (See Botha pp 109-113, paras 9.1 and 9.2).
Refer to the relevant parts of the Planning Professions Act 36 of 2002 (see Appendix E of this tutorial letter) and answer the
following five (5) questions.
Question 6
(a) The short title of the Act is the Planning Professions Act 36 of 2002.
(b) The English text of the legislation was signed by the President. This means that only the English text may be used when the
Act is interpreted.
(1) Both statements are wrong.
(2) Only statement (b) is correct.
(3) Only statement (a) is correct.
(4) Both statements are correct.
(3) Only statement (a) is correct. (See Botha p76-77, para 7.2.1 and p 21, para 2.4).
Question 7
If Thembi lodges an appeal in terms of section 27(2) of the Act on 9 March 2009, and the Council informed him of its decision
on 5 February 2009, (using the statutory method of computation of days) when will Thembi’s appeal have to be lodged? (N.B.
Please answer this question without the use of a calendar).
(1) 6 March 2009
(2) 7 March 2009
(3) 5 March 2009
(4) 8 March 2009
The correct answer is (2) 7 March 2009. (See Botha p 88-89, para 7.4.2).
Question 8
(a) Section 39 of the Act conflicts with section 13(1) of the Interpretation Act 33 of 1957 because legislation must commence on
the day that it is published.
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, (b) In the Act, the reference to “this Act” includes delegated legislation.
(1) Only statement (a) is correct.
(2) Both statements are correct.
(3) Only statement (b) is correct.
(4) Both statements are wrong.
(3) Only statement (b) is correct. (See Botha p 31-32, para 3.3).
Question 9
Section 4(5) of the Act provides that: “every member of Council must be appointed for a period of four years, but the Minister
may in his or her discretion extend the term of such a member by a further period not exceeding three months until a new
Council or member has been appointed”.
(a) When making a determination as to whether section 4(5) is directory or peremptory; a court
will have to consider the language and purpose of the provision.
(b) The word “must” indicates a discretion and will be interpreted as peremptory unless the
purpose of the provision indicates otherwise.
(1) Both statements are wrong.
(2) Both statements are correct.
(3) Only statement (a) is correct.
(4) Only statement (b) is correct.
(3) Only statement (a) is correct. (See Botha pp 109-113 and pp 74-81 in study guide).
Question 10
When interpreting the Planning Professions Act 36 of 2002, a court:
(a) must consider sections 1 and 2 of the Constitution; and
(b) must promote the spirit, purport and objects of the Bill of Rights.
(1) Only statement (b) is correct.
(2) Both statements are correct.
(3) Only statement (a) is correct.
(4) Both statements are wrong.
(2) Both statements are correct. (See Botha p 52-55, para 5.2.4).
Question 1
A peremptory statutory provision ...
(1) requires some compliance.
(2) may be complied with.
(3) requires exact compliance.
(4) may be deviated from.
The answer is (3). See paragraph 8.1 of the textbook, Statutory interpretation: an introduction for students, by
Christo Botha.
Question 2
In which case was the following held: “the court emphasised that these categories are merely guidelines, what is
important is the purpose of the provisions in question, as well as the consequences if the statutory requirements are
not strictly adhered to”?
(1) Commercial Union Insurance Co v Clarke 1972 (3) SA 508 (A)
(2) Weenen Transitional Council v Van Dyk 2002 (4) SA 653 (SCA)
(3) Nkisimane v Santam Insurance Co Ltd 1978 (2) SA 430 (A)
(4) Sentrale Kunsmis Korporasie (Edms) Bpk v NKP Kunsmisverspreiders (Edms) Bpk 1970 SA 360 (A)
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