South African Theories of interpretation

Question 1

How many main approaches are there to interpret legislation?

Answer 1

2 main approaches.
1. Text-Based Approach (Literal Approach)
2. Text-in-Context Approach (Purposive Approach)

Question 2

What is the Orthodox Text-Based Approach about?

Answer 2

This approach focuses strictly on the literal meaning of legal texts. Courts do not look at external factors unless the wording is unclear or leads to absurd results.

Question 3

What is primary rule to the text based approach?

Answer 3

• f the words of the law are clear, they must be applied as written

Question 4

What happens if the law remains unclear after interpretation?

Answer 4

courts look at secondary aids to interpretation like the long title.

Question 4

Golden rule of the text-based approach?

Answer 4

• If strict interpretation creates confusion or absurd results, courts may modify the meaning. (Venter v R )

Question 5

What is an example of a case that used this approach?

Answer 5

Swanepoel v Johannesburg City Council

Question 5

what happens if the secondary aids fails?

Answer 5

• courts use legal traditions like common-law rules.

Question 6

What influences the text-based approach and for what reasons?

Answer 6

Influenced by English law. For the following 4 main reasons:- Separation of Powers ensured courts didn’t create law—they simply applied it as written.
- Legal Positivism treated law as a strict command, avoiding moral or philosophical debates.
- Common-Law Tradition made courts favor past rulings over new legislation.
- Detailed Drafting aimed to make laws clear, reducing the need for interpretation.

Question 7

What is the text in context based approach?

Answer 7

Unlike a strict text-based approach, which focuses only on word meanings, the text-in-context approach considers the purpose and background of a law.

Question 8

Which rule applies to this approach?

Answer 8

The mischief rule.

Question 9

Which case can be used as reference to the text in context approach?

Answer 9

Jaga v Donges

Question 10

What role does the judge play in the context based approach?

Answer 10

They can modify or adapt a law’s meaning to match its intended purpose.

Question 11

How did the Constitution change Interpretation?

Answer 11

The 1996 Constitution transformed how laws are understood. S2, S39 etc S36

Question 12

Which case can be used as reference for thw constitution change of inter?

Answer 12

S v Mkhwanyane