IOS2601 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 31
July 2024 ; 100% TRUSTED Complete, trusted solutions and explanations.
.1.With specific reference to section 13(1) of the Interpretation Act 33 of
1957,what do you understand by the terms “adoption”, and “commencement”
oflegislation? (5) 2.List and briefly discuss the requirements which were laid
down in NationalCoalition for Gay and Lesbian Equality v Minister of Home
Affairs 2000 (2) SA1 (CC), before reading-in or severance could take place.
Ms (10) 3.Explain the terms “reading-down”, “reading-in” and “severance”.
(10) 4.With reference to the case of Commercial Union Assurance Co v Clark
1972(3)SA 508 (A) and Weenen Transitional Council v Van Dyk 2002 (4) SA
653(SCA) explain and distinguish between the directory and
peremptoryprovisions. (15) 5.What effect has section 39(2) of the Constitution
had on statutory interpretationin South Africa.
1. With specific reference to section 13(1) of the Interpretation Act 33 of 1957,
what do you understand by the terms “adoption” and “commencement” of
legislation? (5)
Answer:
Adoption: This term refers to the formal approval or passing of a piece of legislation by
the legislative body. In the context of the Interpretation Act, adoption is the stage at
which the legislation has been approved by the necessary authority, such as a parliament
or council, but has not yet taken effect.
Commencement: This term refers to the point at which the adopted legislation comes
into force and has legal effect. According to section 13(1) of the Interpretation Act,
unless otherwise specified in the legislation itself, an act comes into operation upon its
publication in the Government Gazette or on a date determined by the relevant authority.
2. List and briefly discuss the requirements which were laid down in National
Coalition for Gay and Lesbian Equality v Minister of Home Affairs 2000 (2) SA 1
(CC), before reading-in or severance could take place. (10)
Answer: In the case of National Coalition for Gay and Lesbian Equality v Minister of Home
Affairs, the Constitutional Court laid down the following requirements for reading-in or
severance:
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