Scribd
Upload
17 views7 pages

Interpretation of Statutes

The document discusses the principles of statutory interpretation and constitutional interpretation, emphasizing the need for uniform rules. It presents a scenario involving a student, Andile, to explore the application of a university's anti-squatting rule and the complexities of interpreting legislative provisions. Additionally, it outlines various approaches to statutory interpretation, including textual and contextual methods, and provides guidance on calculating time in legal contexts.

Uploaded by

Siyamthanda
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
17 views7 pages

Interpretation of Statutes

The document discusses the principles of statutory interpretation and constitutional interpretation, emphasizing the need for uniform rules. It presents a scenario involving a student, Andile, to explore the application of a university's anti-squatting rule and the complexities of interpreting legislative provisions. Additionally, it outlines various approaches to statutory interpretation, including textual and contextual methods, and provides guidance on calculating time in legal contexts.

Uploaded by

Siyamthanda
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
You are on page 1/ 7
LEARNING Ghjeclive A brief introduction of the current principles governing interpretation of statutes and principles of Constitutional Interpretation Need for Uniform Rules of Interpretation University Rule Against Squatting: “Squatting is defined as taking possession of a room without authorization regardless of duration.” Scenario: Andile (who lives off-campus) has a break of about 2 hours between lectures. He decides to go to his friend’s on- campus room to ‘chill’. For a lack of chairs in the student res, Andile is forced to sit on his friend's bed. Because he is tired, he decides to lay down on the bed which his friend doesn't mind. His friend decides to take a shower in preparation for ‘the next lecture. A few moments later, Andile falls asleep. Unbeknownst to him, Campus Security Services is conducting an ‘anti-squatting’ raid in this residence and find Andile sleeping. In the corner of the room, they find a suitcase which Andile admits is his. He states that he had asked his friend to store his belongings while he organised his off- campus accommodation. He had intended to take it that afternoon after lectures were done for the day. Is Andile guilty of squatting? Du Plessis: Enacted law-text Three components to this definition: Enacted: adopted and promulgated in terms of the legal requirements Law: has the force of law text: written law What is Legislation or Statutes? Defining the Interpretation of Statutes Interpretation of Statutes (or a juridical understanding of legislation) deals with those rules and principles which are used to construct the correct meaning of legislative provisions to be applied in practical situations. Approaches to Interpretation Textual Approach is based on 4 principles which emphasise the language ‘of the text (words) to determine the Intention of the legislature. These principles are: 1. The initial meaning of the text 2. Every word is important 3. No addition or subtraction ‘4. Continuing time frame of legislation ‘Also includes Internal and External Language Aids of interpretation Approaches This approach posits that legislation must be construed within the fotal legal picture to strive « balance between text ‘ond context, In Sidumo v Rustenburg Platinum Mines Ltd 2008 (2) SA 24 (CC) Sachs J stated that “the letter and spirit of the Constitution cannot be separated’. The text and values work together in integral fashion to provide the protects promised by the Constitution.” The basic question is here: how do we calculate time or how do we construe (understand) time clauses? A year: 865 days based on the Gregorian Calendar. ‘A month three possible meanings i) Acalendar month (one of the 12 unequal named periods in a year) ii) Alunar month (28 day/exactly 4 weeks of 7 days each) ili) A period of time stretching between two corresponding dates (9 June to 9 July) Aday: one 24-hour unit of a week. Or hours of daylight. ‘A week: Any period of seven consecutive days. Computing time S 4 of the Interpretation Act refers to days and not months or years. So when we caleulate days in terms of statute we exclude the first day but include the last except Sundays and Public Holidays. Court days exclude Saturdays

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy