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The document outlines the instructions and content for a tutorial on statutory interpretation, emphasizing the importance of understanding legislation, constitutional provisions, and case law. It includes multiple-choice questions and longer questions to assess students' comprehension of hermeneutics and the influence of the Constitution on legal interpretation. Students are reminded that worksheets contribute to their semester marks and should be used alongside comprehensive study materials.

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Musiwa Daswa
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2 views

rvw 12

The document outlines the instructions and content for a tutorial on statutory interpretation, emphasizing the importance of understanding legislation, constitutional provisions, and case law. It includes multiple-choice questions and longer questions to assess students' comprehension of hermeneutics and the influence of the Constitution on legal interpretation. Students are reminded that worksheets contribute to their semester marks and should be used alongside comprehensive study materials.

Uploaded by

Musiwa Daswa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Statutory Interpretation (RVW210)

Lecture Theme: 5, 6 and 7

Tutorial 3 (03 May – 12 May 2023)

Personal Details:
Initial(s) and surname: E.M Daswa
Student Number: 22500678 Group: _________

Instructions:
 Download the worksheet form ClickUP, posted in downloadable and complete the questions.
 Ensure that you answer the questions comprehensively by paying specific attention to the
relevant sections in legislation and Constitutional provisions, the application thereof and case law
(where applicable).
 Let the mark allocation serve as a guideline when answering the questions.
 Once you submit your worksheet, a recording with guidelines on how to answer each question will
be released.
 If you are still unsure about some of the concepts after the worksheet, you are more than
welcome to go to the tutors in their consultation hours, thus ensuring you do not fall behind.
Take Note: The purpose of these worksheets are to assist students in the conceptualising and
application of the content in this module, but are on their own not comprehensive enough to achieve
success in this course.
Students should thus, over and above these worksheets, carefully study and only use these
worksheets to apply that which they have already learnt.
We remind students that these worksheets count towards your semester mark. The failure to submit a
worksheet will result in the forfeiture of a mark, and therefore affect your final semester mark.

Section A: Multiple Choice Questions [3 marks]


Question 1 [1]
Select the correct statement. The following forms part of the criticism of the
textual approach:
(a) Presumptions and context is never ignored.
(b) The approach is too narrow.
(c) Legislative texts are generally so clear that only one interpretation is
possible.
(d) The textual approach leaves a lot room for judicial law-making or for the
exercise of a judicial discretion.
Answer: ___b_____________

Question 2 [1]
Select the correct statement. The following forms part of the practical,
inclusive method of interpretation:
(a) Structure and context: the language aspect.
(b) Teleological interpretation: the historical aspect.
(c) Words and phrases: the language aspect.
(d) Context and structure: comparative aspect.
Answer: ____c____________

Question 3 [1]
Select the correct statement. The language dimension is made up of the
following:
(a) Basic language principles.
(b) The historical doctrine.
(c) Legislative text.
(d) The textual approach.
Answer: ___c_____________

Section B: Longer Questions [7 marks]


Question 4 [2]
Provide a brief definition for the general rule of Hermeneutics.

The science of understanding, or more specifically, the theory of interpreting texts. It


reveals the inherent meaning of text and is an art of understanding the techniques,
methods or approaches used in the interpretation of texts.

Question 5 [1]
Provide a brief definition for the basic language principle.
The principle states that language is a system of symbols and rules used to reveal
meaning. It suggests that language can evolve and adapt over time .

Question 6 [4]
Briefly set out what the influence of the supreme Constitution is, specifically the
interpretation clause.
Section 39(2) of the Constitution is the interpretation clause that states that” When
interpreting any legislation, and when developing the common law or customary law,
every court, tribunal or forum must promote the spirit, purport and objects of the Bill
of Rights.” . This means that a purposive approach in interpreting legislation is forced
upon interpreters because extra textual factors are considered before interpreting the
law. All courts, tribunals or forums must review the aim and purpose of legislation in
the light of the Bill of Rights. The interpretation of statutes now starts with the
constitution and not the legislation text.
TOTAL: 10 marks

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