Internal Language Aids to Interpretation Flashcards
(19 cards)
What is meant by internal language aids to interpretation?
The elements inside the legislation itself that help explain or clarify the meaning of the text.
What are the internal legal aids to interpretation?
- The legislative text in another official language
- The preamble
- The long title
- The definition clause
- Express purpose clauses and interpretation guidelines
- Headings to chapters and sections
- Schedule.
What is meant by the legislative text in another official language?
Before South Africa’s interim Constitution came into effect, all laws were written in two official languages—usually English and Afrikaans. If one version of the law was unclear or confusing, the other language version was used to help explain or clarify it.
What does Devenish call system of using 2 official languages?
Statutory bilingualism
In terms of the Original legislation, which version prevails between the 2 legislations?
If two versions conflict and cannot be reconciled, the signed version prevails.
- This rule was clearly stated in the 1961, 1983, and interim Constitutions
What does section 240 of the Constitution says if two laws conflicts?
The English version prevails.
How does the courts handle the differences between the versions?
- The signed version of a law is only final and binding if the two language versions completely disagree and the conflict can’t be solved. This rule is used as a last resort.
- If one version of a law gives a harsher punishment than the other, the court uses the common denominator rule.
- If the versions differ but there is no conflict, the versions complement one another, and they have to be read
together. - If both versions are signed and the English version is the amended one, the court said the amendment is part of the original law, so the original signed version (Afrikaans in this case) will win if there’s a serious conflict.
What is the common denominator rule?
. This means it will go with the less severe option that both versions agree on.
What happens when the subordinate legislation conflicts?
No rule specifies which legislation prevails, as all of them are signed. If they are different, the courts will read them together, however if they is a conflict, the court will choose the version that favors the person affected by the law.
What If there is a conflict between different language versions of a law or regulation that makes it unclear
The court will declare it as invalid.
What does the preamble usually states?
The intention and main goals behind the law.
What is the aim of the long title?
To give a brief summary of what the law is about. The courts can use to figure out the purpose of the law.
Why is the long title regarded as the official part of the law?
Because the legislature looks at it during the law-making process.
What is the use of the definition clause in the legislation?
A section in legislation that clearly explains the specific meanings of key words or phrases used in the law, to avoid confusion and make interpretation easier.. The definitions are usually final, but:
The court can choose the ordinary meaning if the context suggests a different meaning.
Can the law ignore the definition of the law?
Yes, in instances where it does not clearly fit the specific part of the law. In (Kanhym Bpk v Oudtshoorn Municipality)
What is the use of the Purpose Clauses and Interpretation Guidelines?
It gives more detailed information about the law’s goals and how it should be interpreted.
What is the use of headings for chapters and section in the legislation?
Headings are like introductions to the sections or chapters they belong to.
They can help understand the purpose of that part of the law.
What are schedules in legislation?
They are parts added at the end of the act. They provide extra details and examples. It helps with explaining the section, and it has the same equal power as the main part of the law.
What happens if a section and a schedule conflict?
Usually, the main Section prevails. However, in other situations it can be given equal or grater force.
