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Statutory Interpretation

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13 views2 pages

Statutory Interpretation

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sylviaviwe517
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We take content rights seriously. If you suspect this is your content, claim it here.
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Statutory interpretation

Reviewed

Created @May 17, 2023 8:03 AM

Module LAWS1011

Type Lecture

Two theoretical approaches to interpreting statutes:


Literal approach —

Legislative intent is considered and the will of parliament is regarded as supreme — regardless of whether it leads
to a just or unjust result

Ordinary meaning is applied — the literal dictionary definition is used, so long as it does not lead to absurd
outcomes

Secondary aids are consulted where the result would be absurd

Legal positivst approach is applied, as the legislature’s intent is respected and strictly upheld by judges. The law is
mechanically applied as written

Purposive approach —

Places the legislative text in context

The interpretation used must, where possible, advance at least an identifiable value enshrined in the Bill of Rights
— these are dignity, equality, freedom

The statute must be capable of the purposive interpretation adopted and must be interpreted in a manner that
promotes the spirit, purport, and objects of the Bill of Rights — as required by s 39(2) of the Constitution

Importantly, it was held in SAPS v Public Servants Association 2007 that an interpretation of statutory language
cannot distort the text itself, but should consider the wider context (socioeconomic, factual, institutional factors)

Purposive approach is transformative in nature, in line with the idea of transformative constitutionalism — including
the ideals of non-racialism and non-sexism

Techniques of interpretation
One or more techniques might be adopted in statutory interpretation —

1. Grammatical/textual appraoch — considers the meaning of language, especially where the word/phrase is not defined
in the statute at hand. Here you will rely on the ordinary dictionary meaning

2. Systematic approach — legislation must be read as a whole, and the definition section of the statute will be used to
interpret ambiguous terms.

The Interpretation Act 33 of 1957 is used here; this Act gives meaning to certain words that apply across all
legislation (e.g. “he” might apply to a female and should be read as “he or she”)

3. Teleological approach — looks at the deep meaning and objective behind the statute, considering the preamble and
long title of the Act to understand its broader context, aims and reason for enactment

4. Historical approach — considers the need for the legislation that prompted its enactment; applies the mischief rule and
asks what the problem/need was that arose to prompt the enacment in the first place

In applying the historical approach, the courts will consider older versions of the same legislation

Parliament’s deliberations might be considered to understand the need they were responding to — Hansard may be
consulted

5. Comparative approach — looks at how courts in other jurisdictions have interpreted similar words/phrases/statutes

Interpretative assumptions & common sense


Provisions have aims — legislation is assumed not to include aimless provisions

Statutory interpretation 1
No undue changes — legislation does not aim to change or amend the law unduly or without cause; there is a reason
behind amendments — understanding this reason will assist in interpretation

Prospectivity — new law is assumed not to have retrospective application

Statutory interpretation 2

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