Type of Assessment: Group Assignment Date posted: 27/03/2024

Module Code: IURI 213 Due date: 30/04/2024

Module Description: Legal Interpretation Time: 11:55

Submission of answer scripts: eFundi submission

Instructions

• Please adhere to the faculty style requirements.

• This assignment is due on the 30th of April 2024. Please carefully plan your work schedule. You have
been afforded over a month to complete this assignment. Therefore, no late submissions will be
accepted.
• This is a group assignment. Each group should have a maximum of six members. The minimum
allowed per group is five. No individual or pair (2) work will be allowed.
• Only one member per group should submit the assignment on eFundi on behalf of the group. Ensure
that all members' names, surnames and student numbers appear on the front page.
• Bear in mind that correct language usage, full sentences, and neat, accurate, and concise formulation
play an important role in the assessment of your answers.
• Follow the rubric provided for question 1 to guide you in answering the question.
• For question 2, refer to applicable case law and legislation, if applicable.
• You must submit the assignment on eFundi under “assignments”. Note that the Turnitin plagiarism
checker will be enabled.

Question 1 [25]

Concretisation is “the final stage in the interpretation process”. During concretisation, courts put the text and
purpose of legislation together with the facts of the case to come up with an outcome. In order to decide on a
matter, a court of law must be furnished with a set of facts and applicable legislation so that it can make an
informed decision. This means that the drafters of legislation must provide an Act that is fit for purpose.

You are expected to draft an Act “fit for purpose”. This means you must draft legislation that can help a court
of law solve a particular problem. In a paragraph, identify a problem and state how your draft legislation can
solve this problem. Be creative!

Your Act must: (1) Clearly indicate the type or category of legislation;

(2) be drafted with the intention of solving a problem of your choosing;

(3) adhere to the legislative structure;

(4) ensure that the legislation complies with the dictates of the Constitution.

Criteria

Clear formulation of the legal problem and intended solution 5

Adhere to legislative structure and codes 8

IURI 213 1/1

 Correct language use, usage of full sentences, neat, accurate and concise formulation 7
of legislative provisions

Clear purpose or intention identifiable in the Act 2

The overall constitutional validity of the Act 3

_______________________________________________________________________________________

Question 2 [9]

2.1 Explain the text-in-context (purpose) approach to interpreting peremptory and directory provisions. (2)
2.2 Explain the text-based viewpoint in the interpretation of the statute. Does this approach have a place in
the South African legal system? (2)
2.3 In the process of interpreting legislation, the courts have developed a series of guidelines as “test or
indicators of the purpose of legislation”. List and discuss the five presumptions about specific
circumstances in your own words. (5)

____________________________________________________________________________________

Question 3 [16]

3.1 Distinguish between constitutional interpretation and ‘ordinary interpretation’ of a statute (1)
3.2 List and discuss the five techniques of interpretation (5)
3.3 Read the National Coalition for Gay and Lesbian Equality v Minister of Home Affairs 2000 2 SA 1 CC.
Explain the five principles to be considered before a reading-in, reading-up and severance is applied.
(10)

TOTAL: 50

IURI 213 2/1