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
100% GUARANTEED
, 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 provides guidance on how to interpret the
terms "adoption" and "commencement" of legislation in the context of South African law.
Adoption of Legislation
Adoption refers to the formal approval or enactment of a law by the legislative body. In
South Africa, this usually means that a bill has passed all necessary stages in Parliament,
including readings, debates, and any required amendments, and has been approved by a
majority vote in both the National Assembly and the National Council of Provinces (if
applicable). Adoption is completed when the bill is signed into law by the President, thus
becoming an Act of Parliament.
Commencement of Legislation
Commencement refers to the date on which a law or part of a law comes into effect and
becomes legally enforceable. This date may be specified within the Act itself, in which
case the Act stipulates the commencement date. If no specific commencement date is
provided, the Act typically comes into effect on the date of its publication in the
Government Gazette, unless the Act states otherwise. In some cases, a law may provide
that it comes into operation on a date determined by the President or another authority by
proclamation in the Gazette.
Key Points
1. Adoption is the process of a bill becoming an official law after passing through the
legislative procedures and being signed by the President.
2. Commencement is the point at which the law starts to apply and is enforceable, which
can be on a specific date mentioned in the legislation, upon publication, or as proclaimed
by a designated authority.
Understanding these terms is crucial for determining when the provisions of a law start to have
legal effect and when they must be complied with.
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