Chapter9PeremptoryandDirectoryProvisions
What is the status of acts done contrary to a statutory provision? It can be clearly stated that such
an act is null and void. It could also be left open-ended. If they do leave it open, then the answer is
not clea
S v MUSHWENA AND OTHERS 2004 NR 35 (High Court)
The 13 accused, together with 107 others, faced charges, inter alia, of high treason, murder and
robbery. The 13 accused in the present case pleaded in terms of s 106(1)(f) of Act 51 of 1977,
that the Court
The purposive approach
Under this rule judges are attempting to identify what they believe parliament meant
to achieve.
The purposive approach is probably the broadest approach of all the rules of interpretation. It is certainly
more flexible than either
7. Statutory Interpretation
7.1. The Role of Statutory Interpretation
The courts must ascertain the meaning of a statute in order to apply it.
Even the most well drafted statute may be capable of more than one
interpretation in any particular situation th
Ferdie MUNDIA
Faculty of Law
UNAM
Sources of Law in Namibia
The Constitution
Acts
of
Parliament-
and
the
considerable quantities of delegated
legislation
such
as
statutory
instruments, by-laws etc.
Customary Law
Common Law
Definitions
The subject interpre
Statutory Interpretation (Case Law)
1.Kauesa v Minister of Home Affairs & Others
Facts:
The appellant was on 22 December 1991 a member of a panel under the aegis of the Namibian
Broadcasting Corporation. The subject of the discussion was affirmative actio
Purposive approach
From Wikipedia, the free encyclopedia
Judicial Interpretation
Forms
Constitutional interpretation
Statutory interpretation
General Rules of Interpretation
Plain meaning rule
Mischief rule
Golden rule
General Theories of Interpretation
L
The case of Government of the Republic of Namibia and another v Cultura 2000 and another
1994 (1) SA 407 was a review case concerning the State repudiation of the (Cultura 2000) Act 32
of 1991 based on Article 140(3) of the Namibian Constitution as the St
The rule of law in Namibia
Sam K Amoo and Isabella Skeffers
Introduction
The Republic of Namibia, as the country is now known, was declared a German
Protectorate in 1884 and a Crown Colony in 1890, and thereafter became known
as South West Africa. The ter
examinatjqn,1991_
/
The purposive
approach
Continuing his series on the rules of statutory interpretation, Nick Price
considers the purposive approach.
enerally speaking. it can be said that there
are two different views as to how judges
should interpret
Purposive approach
From Wikipedia, the free encyclopedia
Judicial Interpretation
Forms
Constitutional interpretation
Statutory interpretation
General Rules of Interpretation
Plain meaning rule
Mischief rule
Golden rule
General Theories of Interpretation
L
INTRODUCTION TO LEGISLATIVE
DRAFTING
PART I
Directorate: Legislative Drafting
The Directorate: Legislative Drafting is a directorate
of the Ministry of Justice.
The mandate of the Directorate is -
to scrutinize and draft bills for Parliament, initiated
b
Topic7Aidstoconstructionofmeaning
Purposive interpretation calls for a contextual approach to statutes, which is the new approach to
interpretation generally taken by our courts. Yet, what constitutes the context? Context may be
internal to the statute in
Topic8PresumptionsofInterpretation
There are certain foundational norms on which any legal system is based. Examples in South
Africa include; Nullum crimen sine lege (No crime without a law). This is captured in for instance
the prohibition on retrospecti
Topic3TheoriesofInterpretation
Ideally there should be consistency in the approach of courts to interpretation to ensure
predictable results and treat like cases alike. In SA common law history, different judges have
taken different approaches, especially
Topic5:Typesoflegislation
We need to distinguish different types of legislation, because these types are treated
differently under the Constitution.
Prior to 1994, Parliament was the only body with the power to pass original
legislation. In other words, A
PEREMPTORY AND DIRECTORS PROVISIONS
What is the status of acts done contrary to a statutory provision? The provision might
specifically state that such act is null and void, or it can be left open. In the latter case, a
difficult interpretive question is
AngloAmericantrendsinstatutoryinterpretation(HartFuller)
Various problems may arise in the process of ascribing meaning to text:
Hard cases
Errors in drafting
Conflict between plain meaning of statute and the values of the legal system.
These problems tak
InterpretationofStatuesIntroduction
Legislation is a binding source of law in South Africa, of which the constitution is supreme (S2), making us
into a constitutional democracy.The Separation of powers (Montesquie) was a way to try and fragment
government
HART AND FULLER
Various problems may arise in the process of ascribing meaning to a text: hard cases,
errors in drafting, conflict between the plain meaning of a statute and the values of the legal
system, etcetera. These problems take on a political char
Topic4TheimpactoftheConstitution
The pre-Constitutional approach to interpretation was not standardised. It was predominantly
literalist, but the language could be modified in terms of the golden rule. Purposivism applied in
some cases, but usually only w
Topic6:Conventionsofinterpretation
When interpreting legislation, conventions exist for construing the text. These fall into two broad
categories: means of restricting the language of the text, and means of extending that language.
Both restrictions and e
Statutory interpretation
From Wikipedia, the free encyclopedia
Judicial Interpretation
Forms
Constitutional interpretation
Statutory interpretation
General Rules of Interpretation
Plain meaning rule
Mischief rule
Golden rule
General Theories of Interpreta
Introduction to Part II
IN THE DOMAIN OF STATUTES
For Cardozo, statutory construction was an acquired taste. He pre-
ferred common law subtleties, having great skill in bending them to
modern uses. But he came to realize that pmblems of statutory construc
