,© 2009 University of South Africa
All rights reserved
Printed and published by the
University of South Africa
Muckleneuk, Pretoria
IOS2016/1/2010
98508598
Indesign
A4 _ 6pc
, iii IOS2016/1/2010
Contents
PREFACE iv
How to get the best out of this study guide iv
SECTION A: Introduction (chapter 1) 1
SECTION B: The legislative process
(chapters 2 to 4) 9
SECTION C: The interpretation process
(chapters 5 to 8) 27
SECTION D: Noncompliance with legislation
(chapter 9) 73
SECTION E: Constitutional interpretation
(chapter 10) 83
SECTION F: Conclusion 93
, iv
Preface
How to get the best out of this study guide
Welcome to this course in the Interpretation of Statutes (IOS2016).
We trust that you will find your learning experience intellectually
stimulating and personally enriching. As we indicated in Tutorial Let-
ter 101 for this academic period, your study package for this course
consists of three things:
(1) a prescribed textbook that you must purchase yourself (Christo
Botha Interpretation of statutes: an introduction for students
(2005 4th ed);
(2) this study guide, which you received at registration; and
(3) a series of tutorial letters, which you will receive during the
semester.
The prescribed textbook contains the bulk of the prescribed material
that you have to study for this course. This study guide contains a
number of additional court cases that must also be studied for the
examination. Apart from these cases, the study guide does not con-
tain any other prescribed material.
The purpose of the study guide is to guide you through the pre-
scribed textbook by providing additional explanations and examples
from case law, activities based on each prescribed section of the
textbook, and feedback on those activities. Please complete all the
activities, as many of them contain additional cases that must be
studied for the examination.
The format of this study guide is the same for each chapter of the
prescribed textbook. We begin by identifying the chapter of the pre-
scribed textbook that you have to study. We then provide general
comments about the nature and importance of the chapter and the
problems it deals with. We go on to discuss the sections in the chap-
ter one by one. You might be asked to complete a number of activi-
ties as you work through each section. Where necessary, feedback
is provided on these activities. If you find it difficult to complete any
of the activities, it is a good indication that you have not yet mas-
tered the material. Work though the section again, discuss it with
fellow students or contact one of your lecturers and then return to
the a ctivity. In some of the chapters, we also discuss court cases in
All rights reserved
Printed and published by the
University of South Africa
Muckleneuk, Pretoria
IOS2016/1/2010
98508598
Indesign
A4 _ 6pc
, iii IOS2016/1/2010
Contents
PREFACE iv
How to get the best out of this study guide iv
SECTION A: Introduction (chapter 1) 1
SECTION B: The legislative process
(chapters 2 to 4) 9
SECTION C: The interpretation process
(chapters 5 to 8) 27
SECTION D: Noncompliance with legislation
(chapter 9) 73
SECTION E: Constitutional interpretation
(chapter 10) 83
SECTION F: Conclusion 93
, iv
Preface
How to get the best out of this study guide
Welcome to this course in the Interpretation of Statutes (IOS2016).
We trust that you will find your learning experience intellectually
stimulating and personally enriching. As we indicated in Tutorial Let-
ter 101 for this academic period, your study package for this course
consists of three things:
(1) a prescribed textbook that you must purchase yourself (Christo
Botha Interpretation of statutes: an introduction for students
(2005 4th ed);
(2) this study guide, which you received at registration; and
(3) a series of tutorial letters, which you will receive during the
semester.
The prescribed textbook contains the bulk of the prescribed material
that you have to study for this course. This study guide contains a
number of additional court cases that must also be studied for the
examination. Apart from these cases, the study guide does not con-
tain any other prescribed material.
The purpose of the study guide is to guide you through the pre-
scribed textbook by providing additional explanations and examples
from case law, activities based on each prescribed section of the
textbook, and feedback on those activities. Please complete all the
activities, as many of them contain additional cases that must be
studied for the examination.
The format of this study guide is the same for each chapter of the
prescribed textbook. We begin by identifying the chapter of the pre-
scribed textbook that you have to study. We then provide general
comments about the nature and importance of the chapter and the
problems it deals with. We go on to discuss the sections in the chap-
ter one by one. You might be asked to complete a number of activi-
ties as you work through each section. Where necessary, feedback
is provided on these activities. If you find it difficult to complete any
of the activities, it is a good indication that you have not yet mas-
tered the material. Work though the section again, discuss it with
fellow students or contact one of your lecturers and then return to
the a ctivity. In some of the chapters, we also discuss court cases in
