Some examples from this set of practice questions
1.
What is the primary rule of the orthodox (literal) text based approach?
Answer: The primary rule of the orthodox (literal) text based approach is that if the plain or ordinary meaning of words in the legal text is unambiguous, then this clear meaning is the intention. An ordinary citizen may rely on the everyday meaning of legislation; therefor the courts may not proceed beyond the plain meaning of the text. A dictionary must firstly be used to settle interpretive questions
2.
What is the ‘golden rule’ of interpretation
Answer: The ‘golden rule’ of interpretation is that if the ‘plain meaning’ of words are ambiguous (there exists more than one meaning of the word, in question, in the dictionary), vague or misleading or if the strict literal interpretation would result in absurdity (Venter v R), then the court may deviate to avoid such absurdity.
3.
The court will then turn to ‘secondary aids’ to interpret the intention of the legislator. What ARE THESE Secondary Aids?
Answer: ‘Secondary aids’ are the long title of the statute, headings of chapters and sections, and the text in the other official language etc.
4.
If the ‘secondary aids’ also do not lead to a satisfactory result, then the court may refer to tertiary aids to interpretation. What are these tertiary aid?
Answer: Tertiary aids are common law presumptions that may be used.
5.
What are the five interrelated dimensions of interpretation?
Answer: 1. Language / 2. Context and Structure / 3. Value-Laden /4. Historical / 5. Comparative
6.
What was the court\'s finding in the Golden China TV Game Centre v Nintendo and Fourie v Minister of Home Affairs (SCA)?
Answer: The court upheld the decision of the Transvaal Provincial Division and decided that video games do fall within the broad compass of the definition of “cinematograph films”, whether considering the law before or after the 1992 amendment. The court found that the “cinematograph film” definition was worded in very general terms and that it should be interpreted liberally, as the intention of the legislature was to promote human ingenuity and industry rather than to impede and stifle it. The court then proceeded to test video games against each separate element of the definition of cinematograph films.
7.
What did the Jaga v Dönges case say about balance between text and context?
Answer: Seldom indeed is language so clear that the possibility of differences of meaning is wholly excluded, but some language is much clearer than other language; the clearer the language the more it dominates over the context, and vice versa, the less clear it is the greater the part that is likely to be played by the context.
8.
What do we consider in the value-laden or teleological dimension?
Answer: we consider how the constitutional framework and its values have helped to develop interpretation from a mechanical process to a value-laden normative process
9.
What does Section 39(2) of the Constitution provide?
Answer: When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights” S 39(2) is an authoritative provision, which in effect means that all courts, tribunals or forums must review the aim and purpose of legislation in light of the Bill of Rights: unambiguous text and plain meanings are longer considered as being sufficient. S 39(2) of the Constitution forces the interpreter to promote the values and objects of the Bill of Rights, before reading a particular legislative text.
10.
What are the facts of the Bato Star case?
Answer: The case concerned the allocation of quotas in the fishing industry. The amount of fish that may be caught by a deep-sea fishing trawler is limited by a quota system. The quota which each trawler is allowed to catch is determined by the Minister of Environmental Affairs and Tourism in terms of the Marine Living Resources Act 18 of 1998. Section 2 of the Act is headed “Objectives and principles” and lists the objectives of the Act, including to achieve sustainable development, to further biodiversity, and to restructure the fishing industry in order to achieve equity. The section states that the Minister must “have regard to” these objectives when he allocates quotas. Section 18(5) deals specifically with the allocation of fishing quotas. It again states that the Minister must make allocations that will achieve the objective contemplated in section 2. The Bato Star fishing company was allocated a quota for the year. However, it complained that its quota was too small, and approached the court to have the allocation of quotas set aside.
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