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 a framework for understanding key
terms related to the lifecycle of legislation. Here’s an interpretation of the terms "adoption" and
"commencement" as per the context of the Act:
1. Adoption of Legislation:
o Meaning: The term "adoption" refers to the formal approval or enactment of a
legislative measure by the relevant legislative authority. This includes the passage
of a bill through the legislative process, which involves approval by both houses
of the legislature (if applicable) and the subsequent assent by the head of state or
government.
o Process: Adoption typically follows a series of steps: proposal of a bill,
discussion and debate in the legislature, possible amendments, and final voting.
Once all required approvals are secured, the bill is considered adopted.
2. Commencement of Legislation:
o Meaning: The term "commencement" refers to the point in time when a piece of
legislation comes into effect and becomes enforceable. This is the date from
which the provisions of the legislation start to have legal force.
o Process: Commencement can occur in several ways:
Specified Date: Legislation may specify a particular date for its
commencement.
Upon Publication: Some legislation commences on the date it is
published in the official government gazette.
By Proclamation: The legislation may stipulate that it will commence on
a date to be determined by proclamation by a designated authority (e.g.,
the President or a minister).
Understanding these terms is crucial for grasping the legislative process and the timeline of when
laws start to apply. In summary, "adoption" pertains to the formal approval of a legislative
measure, while "commencement" refers to the activation date when the law starts to operate.
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