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IOS2601
Interpretation of Statute Latest EXAM PACK June 2023
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Question 1
Promulgation refers to...
(1) the different stages, readings and processes through which legislation has to pass before it is
accepted and issued by the relevant legislative body.
(2) the process by which the judiciary may modify or adapt the ordinary meaning of a legislative
provision in such a way that it conforms to the purpose or aim of the legislation.
(3) the process by which legislation commences and is formally put into operation.
(4) the process whereby legislation which is alleged to be in conflict with the Constitution is reviewed
or tested by the court.
Only statement (3) is correct. See Botha C Statutory interpretation: An introduction for students
(2012).
Question 2
When interpreting a piece of legislation, internal aids are used. Which of the aids mentioned
below is not an internal aid of interpretation?
(1) The long title.
(2) The definitions clause.
(3) Commission reports.
(4) The preamble.
Only statement (3) is correct. See Botha C Statutory interpretation: An introduction for students
(2012).
Question 3
The following are semantic guidelines determining that a provision is directory. Identify the
incorrect guideline.
(1) Permissive words such as “may” indicate discretion and will be interpreted as being directory,
unless the purpose of the provision indicates otherwise.
(2) Positive language suggests that the word is merely directory.
, (3) A word or words with an imperative character indicate a directory provision.
(4) If the provision is formulated in flexible and vague terms, it is an indication that it is directory.
Only statement (3) is correct. See Botha C Statutory interpretation: An introduction for students
(2012).
Question 4
Indicate which statement is NOT correct.
Followers of the contextual school claim the following:
(1) The court has a creative law-making function during statutory interpretation.
(2) It is the task of the court to ensure that the legislative process has a just end.
(3) Only when the court applies legislation does it become a real and complete, functional statute.
(4) The court should interpret legislation only within the framework of the words in the
legislation.
Only statement (4) is correct. See Botha C Statutory interpretation: An introduction for students
(2012).
Question 5
Although they are published in the Government Gazette, the following documents do not
constitute legislation:
(1) Legal notices, reports, draft Bills, discussion papers and proclamations.
(2) Legal notices, reports, draft Bills, discussion papers and advertisements.
(3) Legal notices, reports, draft Bills, discussion papers and the Constitution.
(4) Legal notices, reports, draft Bills, discussion papers and regulations.
Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students
(2012).
Question 6
If an act was tabled on 13 January, agreed to by the parliament on 14 January, signed by the
president on 21 February and published in the Government Gazette on 2 March, what would
the date of promulgation be?
(1) 21 February.
(2) 2 March.
(3) 13 January.
(4) 14 January.
Only statement (2) is correct. See Botha C Statutory interpretation: An introduction for students
(2012).
Question 7
The following are guidelines to constitutional interpretation. Please state which guideline is
incorrect.
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