LEIN5112 - Revision
Quiz by Jessica Kaye Lawrence
Feel free to use or edit a copy
includes Teacher and Student dashboards
Measure skillsfrom any curriculum
Tag the questions with any skills you have. Your dashboard will track each student's mastery of each skill.
- edit the questions
- save a copy for later
- start a class game
- automatically assign follow-up activities based on students’ scores
- assign as homework
- share a link with colleagues
- print as a bubble sheet
- Q1
In terms of the 5 interrelated dimensions of interpretation, the initial meaning of the text entails...
The interpretation process ends with the reading of the legislation concerned.
An extraordinary meaning must be attached to the words.
Words with a technical meaning must be given that specialised meaning.
Words must be given their ordinary, accurate meaning.
60s - Q2
In the case ... the court acknowledged the unqualified application of the Constitution's preamble.
Chotabhai v Union Government 1911 AD 24Chotabhai v Union Government 1911 AD 24
Public Carriers Associations v Toll Road Concessionaries (Pty) Ltd 1990 (1) SA 925 (A)Public Carriers Associations v Toll Road Concessionaries (Pty) Ltd 1990 (1) SA 925 (A).
Qozeleni v Minister of Law and Order 1944 (3) SA 625 (E).
Brown v Cape Division Council 1979 (1) SA 589 (A)Brown v Cape Division Council 1979 (1) SA 589 (A).
60s - Q3
Which of the following factors listed below supports judicial lawmaking?Which of the following factors listed below supports judicial lawmaking?
Penal provisions or restrictive provisions in the legislation, as well as the presumption against infringement of existing rights.
The principle of separation of power the principle of separation of power.
The common-law presumption that the legislature does not intend futile meaningless and nugatory legislation.
The principle of legality the principle of legality.
60s - Q4
The rule cessante ratione legis, cessa et ipsa lex which literally means “if the reason for the law ceases (falls away), the law itself falls aways”
was applied in the case of…
R v Maleka 1929 OPD 171, R v Nteto 1940 EDL304 and Carlis v Oldfied 4 HCG 379R v Maleka 1929 OPD 171.
R v Maleka 1929 OPD 171, R v Netto 1940 EDLI 304 and S v Mule 1981 (3) SA 800 (Z)
R v Maleka 1929 OPD 171, R v Nteto 1940 EDL304 and Skotness v South African Library 1997 (2) SA 770 (SCA).
R v Maleka 1929 OPD 171, R v Nteto 1940 EDL304 and S v Mujee 1981 (3) SA 800 (Z)R v Maleka 1929 OPD 171.
60s - Q5
Peremptory provisions are indicated …Peremptory provisions are indicated …
if strict compliance with the provisions would lead to injustice and even fraud (and the legislation contains neither an express provision as to whether the action should be null and void no a penalty).
if the wording of the provision is in positive terms, and no penal sanction is included for no-compliance with requirements.
by a word or words with an imperative of affirmative character by a word or words with an imperative of affirmative character.
by a word or words with a permissive character by a word or words with a permissive character.
60s - Q6
In S v Makhubela 1981 (4) SA 210 (B)In S v Makhubela 1981 (4) SA 210 (B)
the court held that the word „drive‟ should only be construed according to its dictionary meaning.
the court decided that the definition of the word „drive‟, as found in the Road Traffic Act 7 of 1973, was inadequate, and it consulted a dictionary as well.
the case dealt with a claim for damages after a police vehicle had collided with a private motor-car.
the accused was charged with the performance of illegal abortion in terms of Abortion and Sterilization Act 2 of 1975.
60s - Q7
According to the practical inclusive method of statutory interpretation, teleological interpretation...
is concerned with the clarification of the meaning of a particular legislative provision in relation to the legislative text as a whole.
refers to the process during which the court examines the interpretation of similar legislation by foreign courts, as well as international law.
is a value-coherent interpretation where the aim and purpose of the legislation must be ascertained against the fundamental constitutional value.
considers the circumstances which gave rise to the adoption of the legislation and the legislative history (prior legislation and preceding discussions).
60s - Q8
In terms of section 172 of the Constitution, the following courts may
declare legislation unconstitutional:
The High Court, Supreme Court of Appeal or the Magistrate's Court.
The High Court, Supreme Court of Appeal or the Chief‟s Court.
The High Court, Supreme Court of Appeal or the Constitutional Court.
The High Court, Supreme Court of Appeal or the Small Claims Court.
60s - Q9
In which case was the following held: “the court emphasised that these
categories are merely guidelines, what is important is the purpose of the
provisions in question, as well as the consequences if the statutory
requirements are not strictly adhered to”?
Weenen Transitional Council v Van Dyk 2002 (4) SA 653 (SCA)
Sentrale Kunsmis Korporasie (Edms) Bpk v NKP Kunsmisverspreiders (Edms) Bpk 1970 SA 360 (A).
Nkisimane v Santam Insurance Co Ltd 1978 (2) SA 430 (A).
Commercial Union Insurance Co v Clarke 1972 (3) SA 508 (A).
60s - Q10
Du Plessis explains interpretation of statute as……………..
a construction of enacted law-texts with reference to and reliance on other law-texts, concretizing the text to be construed so as to cater for the exigencies of an actual or hypothesized concrete situation.
a mechanical sequence of join-the-dots or painting-by-number.
A process where technical aspects, e.g. structure of legislation is separated from the application of substantive aspects e.g. fundamental rights in the Constitution.
a mechanical exercise during which predetermined formulae, well known maxims and careful reading will reveal the meaning of the legislative provision.
60s - Q11
In Nourse v van Heerden 1999 (2) SACR 198 (W) the court found that ...
Legislation can be abrogated by disuse.
The case had to be decided in terms of the Choice of Termination of
Pregnancy Act 92 of 1996.
The Abortion and Sterilisation Act 2 of 1975 was unconstitutional.
Legislation must be repealed by a competent legislature.
60s - Q12
The judicial act of cutting out the offending part of a provision in a piece
of legislation in order to rescue it from the fate of unconstitutionality is
known as:
Severance.
Substitution.
Reading in.
Reading down.
60s - Q13
Although they are published in the Government Gazette, the following
documents do not constitute legislation.
Legal notices, reports, draft Bills, discussion papers and the Constitution.
Legal notices, reports, draft Bills, discussion papers and proclamations.
Legal notices, reports, draft Bills, discussion papers and regulations.
Legal notices, reports, draft Bills, discussion papers and advertisements.
60s - Q14
When interpreting a piece of legislation, internal aids are used.
Which of the aids mentioned below is not an internal aid of
interpretation?
The definitions clause.
The Long Title
Dictionary
The preamble.
60s - Q15
According to the Orthodox viewpoint, courts will only use the secondary and tertiary aids to interpretation when the words in the legislation seem ... and ...
peremptory, positive
clear, unambiguous
directory, negative
unclear, ambiguous
60s