Exam (elaborations)
IOS2601 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 (777697) - DUE 31 July 2024
- Course
- Interpretation of Statutes
- Institution
- University Of South Africa
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IOS2601 Assignment 1(COMPLETE ANSWERS)
Semester 2 2024 (777697) - DUE
31 July 2024
CONTACT: biwottcornelius@gmail.com
, IOS2601 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2024 (777697) - DUE 31 July 2024
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)
Section 13(1) of the Interpretation Act 33 of 1957 pertains to the commencement of legislation in
South Africa. Here's a breakdown of the terms "adoption" and "commencement" as they relate to
legislation:
1. Adoption:
o Definition: Adoption of legislation refers to the formal process through which a
legislative body, such as a parliament or a legislature, approves a proposed law.
This includes the drafting, discussion, amendment, and final approval of the bill.
o Process: It typically involves several stages, including the introduction of the bill,
committee review, debates, and votes in both houses of the legislature (if
applicable). Once the bill passes all necessary stages, it is considered adopted.
o Significance: Adoption signifies that the legislative body has agreed to the terms
and content of the proposed law, but the law is not yet in force.
2. Commencement:
o Definition: Commencement refers to the point in time when a law or a particular
provision of a law comes into effect and becomes enforceable. It marks the
transition from a mere legislative document to a binding legal rule.
o Process: The commencement of legislation can occur in various ways:
Specified Date: The legislation itself may specify a date on which it will
come into effect.
Proclamation: In some cases, the law will come into effect on a date to be
determined by a formal proclamation by the executive (e.g., the president
or a minister), which is published in an official government gazette.
Upon Adoption: Some laws may stipulate that they come into effect
immediately upon being signed by the relevant authority (e.g., the
president) and published in the official gazette.
o Significance: The commencement date is crucial because it determines from
when the provisions of the law are applicable and enforceable. Any actions or
events occurring before the commencement date are not subject to the new law.
Understanding these terms is essential in the context of legal interpretation and application, as
they delineate the phases through which a legislative proposal becomes an operative part of the
legal framework.
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