External language aids to interpretation Flashcards
(25 cards)
What is meant by the external language aids of interpretation
The external language aids of interpretation refer to materials outside the actual text of the legislation that courts and interpreters can use to help understand what the law means — especially when the wording is unclear or ambiguous.
What are the examples of the external language aids?
- Dictionaries and linguistic evidence
- Examples and footnotes
- Definitions in the constitution and the interpretation act.
- Computation of time
How can the dictionary be used to interpret the law?
It can be used to look for the meaning of words. However, the dictionaries cannot be used to override the law. They don’t provide the final answer.
What does the transvaal case says about dictionaries?
It says that a dictionary helps with finding the possible meaning of the words, but the courts should still choose the meaning that fits the context of the law.
What does the De Beers case says?
The dictionary cannot be used to decide which word should apply; the context is crucial.
What was held in the Fundtrust case?
Interpretation should not only focus on words without considering the bigger picture.
How can examples and footnotes be used when interpreting the law?
By providing context or clarifying references, especially in more complex Acts.
How does the definitions in the constitution and in the Interpretation Act helps with interpreting the law?
There are many definitions in other laws that apply more broadly than just one specific law. An example is when we interpret old laws, definitions found in item 3 of section 6 should be used and section 2 of the Interpretation act should apply to all laws.
When does a year start and end?
Starts 1 January ends 31 December.
What is the meaning of a month?
- Calendar month
- Lunar month
- A period from one date of a month to the same date of the other month.
What’s a day?
A Day usually means a full 24-hour period from midnight to midnight
What is a day in terms of CPA?
The time between sunrise and sunset.
What’s a week?
From midnight on a Saturday to midnight on the next Saturday. Any period of seven successive days.
What is the statutory method of reading time in terms of the Interpretation Act?
According to this rule, when counting days (or weeks, as they’re made up of days), the first day is excluded, and the last day is included—unless the last day falls on a Sunday or public holiday, in which case the period is extended to the next working day.
In which cases does the statutory method not apply?
Court days and Clear days
What is meant by court days?
Exclude Saturday, Sunday, and public holidays. The period cannot end on these days.
What is meant to as clear days?
Both the first day and the last day are excluded.
How is Saturday excluded from the income tax Act?
S83 (23)- Objections and Appeals exclude Saties. Days between 16 Dec and 15 January
S89 (1)- Payment must be made before Satis
What are the common law methods in terms of time?
- Ordinary civil method.
- Natural method.
- Extraordinary civil method.
What is the Latin word for the ordinary method?
computatio civilis
What is the Latin word for the natural civil method?
computatio naturalis
What is the Latin word for the extraordinary civil method?
computatio extraordinaria
How does the ordinary civil method work?
This is the default method, and it is the opposite of the statutory method. The first day is included and the last day is excluded.
How does the natural method work?
It calculates the prescribed period from the exact hour (or even minute) of an occurrence to the corresponding hour or minute on the last day of the period.
