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IOS2601 - Assignment 1 - Sep 2020
- Institution
- University Of South Africa (Unisa)
This is the final submitted version of a completed IOS2601 Assignment written in April 2020 by a 2024 cum laude student.
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Kayleigh MayStudent no: 68021321
IOS2601 – Assignment 1 – Unique No: 561801
Date: 11/09/2020
, Question 1
a) The long title is the paragraph under “Act”, starting with “To provide for…” and
ending with “…provide for incidental matters”, and is a brief description of the
contents of the Act. The role of the long title in assisting to understand the purpose
of the legislation, depends on the information in contains. In Bhyat v Commissioner
for Immigration, it was decided that the court will refer to the long title to ascertain
the purpose of the legislation. It is also part of the legislation that was considered
by the legislature during the legislative process.
The headings of chapters are another legislative component that assist with the
interpretation of legislation. The headings may also be used to establish the
purpose of the legislation, in the framework of the text-in-context, and may be
regarded as introductions to those specific chapters or sections.
The purpose of a schedule is to shorten the contents of sections in legislation. In
the process of interpretation, the value of a schedule is dependent on its nature,
how it relates to the rest of the legislation and in which language the legislation
refers to it.
b) John has not lodged the appeal in time, as the 30-day period allowed for the
submission of appeals, after being informed of the court’s decision, has expired on
7 March 2019.
The statutory method of calculation for days, as contained in Section 4 of the
Interpretation Act, is that the first day is excluded (in this case, 5 February 2019)
and the counting of days starts the next day (6 February 2019). The last day is
included, permitted that it does not fall on a Sunday or a public holiday, in which
case it will move on to the follow day. Sundays and public holidays, falling in the
time frame, are counted. Section 1 of the Interpretation Act provides that Section
4 only applies if the legislation does not stipulate otherwise (Kleynhans v Yorkshire
Insurance Co Ltd).
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