Possibilities during interpretation Flashcards
(45 cards)
- What is meant by “no problems with correlation”?
Applying legal provisions to the facts is straightforward and aligns with its intended purpose and constitutional guidelines.
What impression does this smooth application make?
It creates the false impression that interpretation is only needed when the text’s meaning is unclear or ambiguous, even though interpretation happens automatically in most cases.
- What is meant by modificative interpretation?
when the meaning of a legal text is adjusted because its original wording doesn’t fully match the law’s intended purpose.
When is modificative interpretation made?
when the text provides either more or less than its purpose or goes against the Constitution.
Can the purpose be modified just nje?
t’s purpose say that modification is necessary and possible?
Which ways can be used to change the meaning of the text if it’s purpose say that modification is necessary and possible?
Restrictive interpretation or extensive interpretation
What is meant by restrictive interpretation?
the initial meaning of the text is reduced
What is meant by extensive interpretation?
the initial meaning of the text is extended.
On what grounds may the courts modify the initial meaning of the text?
if it appears that the initial meaning of the text will not give effect to the aim and purpose of the legislation.
What are the indicators that the initial textual law should probably be modified?
Ambiguity, vagueness and absurdity
When should the initial meaning of the text be matched with it’s purpose?
The initial textual meaning must always be
compared with the purpose of the legislation to ensure that effect will be given to the aim of the legislation concerned, even if the initial meaning of the text seems to be clear at first.
- What are the two specific form of restrictive interpretation?
- Cessante ratione legis, cessat et ipsa lex
- Eiusdem generis
(a)What is meant by cesante ratione legis cessat et ipsa lex?
When the reason for the law ends, the law itself ends.”
What is meant by eiusdem generis?
Of the same kind
Is the restrictive interpretation limited to the 2 specific form?
No. Any interpretation that reduces the scope of a law to fit its purpose is a form of restrictive interpretation.
What happened in the case of Skinner v Palmer? (as a reference for restrictive interpretation)
The court changed the number ‘fifty-nine’ to ‘fifty-eight’, limiting the scope of the law.
Why is the cessante ratione rule not applied in SA law in it’s original form?
Legislation remains in force until repealed
by the legislature concerned. (R v Detody)
What was confirmed in the case R v Detody?
the court said laws can’t be killed just because times have changed.
In which law can this rule apply and why?
The common law because if the law is not used or justified, it can fall away naturally
How have South African courts applied the cessante ratione legis rule in an adapted way?
Courts sometimes suspend applying a law if its purpose has already been fulfilled,
Because enforcing it would be pointless or unfair.
Which case can be used as reference for the cesante rule?
R v Maleka. In which the courts said a compensatory fine under the Stock Theft Act wasn’t needed when the victim had already been compensated.
Can the cesante rule be applied in court orders? give reference to case law
Yes. S v Mujee, the father stopped paying maintenance because the child was no longer staying at the institution
(b). The eiusdem generis rule is based on which principle?
The principle of noscitur a sociis which means “Birds of a feather flock together.”
What does the noscitur principle
the meaning of general words is determined when they are used together with specific words
