ASSIGNMENT 01
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...
Assignment 2
SEMESTER 2 2023
IOS2601
INTERPRETATION OF STATUTES
, ASSIGNMENT 01
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)
The case of Jaga v Dönges (1950) is a significant landmark in South African legal
history. It involves an Indian woman named Jaga who was unlawfully detained by the
police under the Asiatic Land Tenure and Indian Representation Act of 1946. This Act
was one of the many apartheid-era laws that aimed to segregate and control the
movement and rights of people based on their race.
Jaga's detention took place during the height of apartheid, a period characterized by
systemic racial discrimination and oppression in South Africa. The Act was part of the
apartheid legal framework designed to enforce racial segregation and preserve white
minority rule.
In response to her unlawful detention, Jaga brought a legal challenge before the
courts, arguing that her arrest and detention were arbitrary, discriminatory, and in
violation of her constitutional rights. She sought to challenge the constitutionality of
the Act and its application to her situation.
The case was brought before the Appellate Division of the Supreme Court (now the
Supreme Court of Appeal), and it addressed significant questions about the
interpretation of statutes, the role of the judiciary in challenging unjust laws, and the
protection of fundamental rights under the apartheid legal system.
The majority of the court, however, upheld the validity of the Act and dismissed
Jaga's claim. The majority followed a strict literal interpretation of the statute,
focusing solely on the language of the Act and disregarding its discriminatory and
unjust effects on Jaga's rights. They held that the Act was constitutional and that its
application to Jaga was lawful.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller StudyAssistant036. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
