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2025 02 02 13 Lecture 1 Introduction (pp)

The document outlines the course structure for 'Legal Interpretation 2025,' including key topics such as statutory interpretation, judicial precedent, and the importance of legislative intent. It details important dates for assignments and tests, as well as phases of statutory interpretation like initial, research, and concretization phases. Additionally, it highlights the complexities and challenges in interpreting statutes, particularly regarding the intention of the legislature and constitutional provisions.

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2 views

2025 02 02 13 Lecture 1 Introduction (pp)

The document outlines the course structure for 'Legal Interpretation 2025,' including key topics such as statutory interpretation, judicial precedent, and the importance of legislative intent. It details important dates for assignments and tests, as well as phases of statutory interpretation like initial, research, and concretization phases. Additionally, it highlights the complexities and challenges in interpreting statutes, particularly regarding the intention of the legislature and constitutional provisions.

Uploaded by

elihlefass0
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as ODP, PDF, TXT or read online on Scribd
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WELCOME TO

LEGAL
INTERPRETATION
2025

Lecturer: Sipesihle Mguga


Email address: [email protected]
Office: 116 High Street
Ruconnected:
Course: Legal Interpretation 2025 | Ruconnected

• Course guide
• Lecture outline
• Course calendar
• Link to the e-book
Statutory Interpretation
Week 1
● Lecture ● Date TOPIC

●
1 ●
Thursday ●
Introduction
● ●
13 Feb • Course structure & outline
• Legislation as a source of law
• What is ‘statutory interpretation’

●
2 ●
Friday ●
Judicial precedent
● ●
14 Feb • Judicial precedent as a source of law
• Hierarchy of courts
• Ratio decidendi/obiter dictum
Important things to note

• There will be online skills sessions for both


Constitutional A and Legal Interpretation (LI).
• First Legal interpretation preparation will be
available on the 25 February for 03 March.
• LI test = 17 March at 18:00 EG Red.
• Legal Interpretation task due 9 April.
• Legal Interpretation assignment due 15 April (the
question will be available at least 4 weeks before
deadline)
Introduction
• Legislation as a source of Law
• What is ‘statutory interpretation’
•
• Botha 6ed 3 – 12
•
• What is ‘law’?
• What is ‘interpretation of statutes’?
• Why do we need these rules and how are they
structured?
• What does the concept of ‘the intention of the legislature’ refer to and why
is it problematic?
• Which constitutional provisions are particularly important for statutory
interpretation?
What is law?
•
•
• What is your understanding of what law is?
•
What is law?
• ●
THE law ●
A law
• ALL forms of law (common
● ●
Written statute enacted by
law, statute law, case law, those legislative bodies which
• customs) have the authority to make
• laws
Legislation  enacted law texts or statute law:
• Act of Parliament e.g Promotion of Equality and Prevention
of Unfair Discrimination Act 4 of 2000
• Provincial legislation e.g Gauteng Township Economic
Development Act 5 of 2022
• Municipal by-laws – City of Cape Town Waste Management
By-law, 2020
●
●
An Act ●
An act
• Parliamentary ●
Conduct or action by
statute a government official
• Provincial or an organ of state
What is ‘interpretation of statutes’?

•
• Interpretation = refers to the process of explaining,
clarifying or assigning meaning to something, such as
words, symbols, actions, or texts. It involves
understanding and making sense of information in a
way that is logical, accurate, and contextually
appropriate.
•
• Statute = refers to a formal, written law enacted by a
legislative authority, such Parliament or a provincial
legislature.
•
What is ‘interpretation of statutes’?

•
•
• ● Statutory interpretation as a subject of study is
the body of rules and principles used to
• construct and justify the meaning of legislative
provisions to be applied in practical situations.
Example

• • A municipality passes a by-law that says, except in


exceptional circumstances, all fire extinguishers in
• the area must be painted red. A nightclub has a
• room where all the walls are red. They decide to
paint their fire extinguisher white. Have they
violated the by-law?
• •
•
•
• deciding, one must look at the purpose of the by-law. If the purpose of the
• In
• by-law is to make sure that, if there is a fire, it is easy to see where the fire
• extinguisher is, then they have not violated it.
Why do we need these rules and how are
they structured?
• Statutory interpretation is not a mechanical exercise!
• Requires more than just a literal or automatic application rules.
• Involves reasoning, judgment and consideration of broader legal
principles, societal values and the specific context of each case
• Many rules of interpretation overlap and cannot be neatly
compartmentalised as:
•• The circumstances and sets of facts will differ from case to case, as well as the
context of legislation;
••
• The courts are not of one mind when it comes to the application of certain rules,
•• resulting in no clear predictable pattern of application

The law is not objective, neutral and value-free: all interpreters have a particular
•• frame of mind1 which will influence their understanding of legislation;
•
• • Since the spirit and aim of the fundamental rights in the Constitution must be
promoted, interpretation necessarily involves value-judgements (decisions or
• Initialinterpretation
phase based on legal principles, moral considerations, social values,
and policy concerns rather than just strict legal rules or technical reasoning, it
involves weighing competing interests to achieve fairness and justice in a
•• given case;

• Poor drafting, conflicting provisions or a lack of resources to research the current


law.
Important phases

• Initial phase
Basic principles are used as a point of departure:
i. Constitution and Bill of Rights are the cornerstones of legal order;
ii. Most importantly, to ascertain and apply the purpose of the
legislation in view of (i);
iii. Text is read to find initial meaning bearing common law
presumptions and a balance between text and context in
mind.
• Research Phase
All factors and consideration possibly having a bearing on the
particular legislation are studied to determine the purpose.

• Concretization phase
Legislative text, the purpose of legislation and the facts of the particular case
are harmonized and the spirit, purport and aim of fundamental rights must be
promoted during this process.
•
Bad drafting…
Companies Act:
“public company” means a profit company that is not a
state-owned company, a private company or a personal
liability company;
“private company” means a profit company that—
(a) is not a public, personal liability or state-owned
company; and
(b) satisfies the criteria set out in section 8(2)(b);

 See example: Botha p 9:


‘unfair labour practice’
•
‘the intention of the legislature’
• Meaning? ‘the fictional collective intent of the majority of the
legislative body present at the time when the vote took place,
expressing their will within the constraints of the voting guidelines
laid down by caucus of the ruling party in the legislature…!!’

• Why problematic?
• Composed of large number of persons
• Some may oppose, thus reflect the intention of the majority
• The intention is subject to pressure from a specific political party
• Parliamentarians are politicians, not legislative drafters!
• Bills are often drafted by legislative drafters on the advice of
bureaucrats, and not public representatives
• Some members of the legislative body may be absent when
voting take place
NB Constitutional
provisions

●
Section ●
The foundation provision
1
●
Section 2 ●
Supremacy of the Constitution
●
Section 7 ●
The obligation clause
●
Section 8 ●
The application clause
●
Section ●
The limitation clause
36
●
Section ●
The interpretation clause
39
Concretisation Phase of
statutory interpretation

• Example 1 – Right to housing (Eviction Cases)


• Statutory provision: Section 26 (3) of the South African
Constitution states that “no one may be evicted from
their home without an order of court made after
considering all relevant circumstances.
• Abstract meaning: the law ensures procedural fairness
and protects against arbitrary evictions.
• Concrete application: (City of Johannesburg v Changing
Tides): The court had to determine what “all relevant
circumstances” meant in a case where unlawful
occupiers faced eviction. The court considered factors
like alternative accommodation and vulnerability of
the residents before ruling.

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