What is the status of the provisions in the Act, if draft amendements have been published?

The proposed amendements have not yet been passed in parliament; and were not signed by the
president; since it is original legislation, the minister does not have the authority to amend the law,
only parliament can amend it; the final amendements have not been published or promulgated; thus
they are not yet legislation; s11 and s12 of the Interpretation Act are not applicable as the press
report does not refer to any repeals, only draft amendements; existing provisions in the Act are not
expressly and legally amended, and the Act is still in force in its original form; the proposed
amendements cannot be enforced.
Claims the words grant her authority?
elies on the literal interpretation. The restrictive interpretation is an issue! eiusdem generis, which
means "of the same #ind." $eaning of general words is determined when they are used together with
specific words. %pecific words must refer to a clear genus; the genus must not be exhausted; the
intention of the legislature must clearly indicate that the general words must be restricted to a
particular genus; her actions probably ultra vires the specific words which relate to a genus of
administrative and mechanical clerical duties without any discretion to grant or refuse student
applications; and as a result of the eiusdem generis rule, her defence will probably be unsuccessful.
Not express power, then implied power because it would have been useful?
If legislation grants a specific power, the additional powers which are reasonably necessary to
exercise that power may be implied. The test is not usefulness or convinience, but reasonable
necessaity! &loemfontein Town 'ouncil v ichter.
Internal memo appears to provide authority?
Internal memo is not legislation. $erely an external aid to interpt the surrounding circumstances.
(alls under contemporanea expositio and will not override legislation.
Claims of a dictionary meaning?
)ictionaries are extra!textual aids to statutory interpretation. $ay be used during interpretation, but
they are merely guidelines. They cannot prescribe which of several meanings of a word should ta#e
precedence. Testimony of language experts not admissible to statutory interpretation.
Act replaced by Institutional Statute after the facts?
*nabling Act repealed after her discretion, substitute legislation is in force +s11 of the Interpretation
Act not applicable,. %he has acted in terms of repealed legislation, s12+2, of the Interpretation Act
applies! even though she acted ultra vires, the regulation also fell away when the enabling act was
repealed, all subordinate legislation also fell away +unless otherwise stated,. -atch v .oopomal.
overnment bodies not bound by their own legislation?
)efence is based on such an assumption. )oes not mean that the state is above the law. $erely
means that +unless rebutted, government bodies are not bound by their own legislation if it will
hamper the execution of their duties. Also applies to subordinate legislation. -e is not an official of
the state, but contracted by a private firm contracted by the state, and would have been hampered in
his duties if he obeyed the regulations; thus his defence may succeed.
!ive sources of constitutional values which may be ta"en into account during statutory and
constitutional interpretation?
'ommon law tradition +eg. (airness and reasonableness,
'onstitution/ &0 +eg. 1reamble, s1,
Indigenous legal systems +eg. 2buntu,
International 3aw +especially human rights law and decsions by international tribunals,
(oreign 'ase 3aw +especially on fundamental rights,
!ive techni#ues of a comprehensive interpretation?
Teleogical4 ephasises fundamental constitutional values4 5spirit of the whole body of law6! s78+2,
of the ' supports that the spirit, purport and &0 must be promoted; s2 +supremacy clause,; s1.
%ystematic4 words, phrases, provisions cannot be read alone4 5but to the Act as a whole6
9rammatical4 importance of language, grammar and syntax4 5with both the letter6
-istorical4 historical context of legislation4 5general framewor# and antecedents6! common law
principle of interpretation is the $ischief rule.
'omparitive4 examine interpretation of similar legislation by foreign courts.
$ierachy% &egulation of !oreign 'ilitary Assistance Act () of (**+?
Act of 1arliament! original legislation. 'ame after final constitution, thus part of new constitutional
order. It is legislation enacted by a legislative body from their direct legislative capacity. %uch
capacity is derived directly from the constitution.
Name and explain the ways subordinate legislation may come to an end?
%ubordinate legislation contains the powers under the enabling Act. These powers delegate
authority. (irst, if the enabling act is declared unconstitutional, all delegated legislation of the e.a is
also unconstitutional unless declared otherwise. If e.a is repealed, all delegated legislation itself can
be repealed or declared incompetant by a court. )elegated legislation may contain a sunset clause.
If in conflict with the 'onstitution, it will not automatically come to an end as the 'onstitution is
not self executing. The courts may invalidate it if it is too vague/ultra vires or does not comply with
the Administrative 3aws.
&etroactive v &etrospective?
3egislation operates as of a time prior to its enactment! operates bac#wards in time and changes the
law from what it was.
3egislation operates for the future only. It is prospective but imposes new results in respect of a past
event. 3oo#s bac#wards but attaches new conse:uences for the future to an event that too# place
before the legislation was enacted. 'hanges law from what it was to what it would be in respect of a
prior event.
What prevents retro,effect?
'ommon 3aw 1resumption +that legislation applies to the future only,.
;ew offences and higher penalties +in s7< of ',! person has right to least severe of prescribed
punishments = may not be convicted for an act that was not an offence at the time it was committed.
0ther ' rights +for example a state of emergency may never be retroactive, only prospective,.
-reamble of any legislation be used in statutory interpretation?
It is part of legislation so it may be used. 0n its own it cannot provide a final meaning, but provides
the interpreter with a starting point.
'inister may ma"e regulation?
%ubordinate/delegated legislation. 3egislature delegates some of its legislative authority to other
persons or bodies. )elegated legislative authority in terms of an enabling act. )elegated legislation
limited the provisions of the enabling Act.
'unicipal by .aws?
&efore 188>! subordinate legislation.
After 188>! original +primary, legislation.
'erits for the re#uest for ac#uittal?
;ourse v ?an -eerden. %12+2, of the Interpretation Act, any action that is initiated and then such
legislation with regards to the pending case is repealed, the case must be completed as though the
legislation had not been repealed. The current position is preserved until the pending case is
finished +Transnet 3td case,. This forms a bridge between the repealed Act and the pending case.
.egal status of regulations issued in terms of a repealed act?
@hen original legislation has been repealed, all subordinate legislation falls away, unless the
repealing act provides otherwise. -atch v .oopomal.