Statutes of Interpretation: Public Carriers and Association Essay example

1848 Words Jul 25th, 2013 8 Pages
Assignment 01
Unique Number: 870061
Gillian Dick
50223585

Table of Contents

Index Page Number 1. Introduction 3 2. The facts of the Public Carriers Association 3 3. The orthodox text-based (literal) approach 4-5 4. The purposive (text-in-context) approach 5-6 5. Section 39(2) and the purposive approach 6-7 6. Conclusion 7

Bibliography

1. Introduction In the Public Carriers Association judgment, the Appellate Division employed two different theories of statutory interpretation in order to arrive at a just conclusion. From the court’s judgment, it is evident that the orthodox text-based (literal) approach
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4. The purposive (text-in-context) approach as alluded to by the court in Public Carriers Association The turning point towards the purposive approach was alluded to in the Public Carriers Association and Others V Toll Road Concessionaries SA 925 matter by Judge Smalberger. Botha states that “the legislative function is a purposive activity. In terms of the purpose-oriented (text-in-context) approach, the purpose or object of the legislation (the legislative scheme), is the prevailing factor in interpretation. The context of the legislation, including social factors and political policy directions, are also taken into account to establish the purpose of legislation” (Botha 2005: 50-51) “In his minority decision in Jaga v Dönges 1950 (4) SA 653 (A), Schreiner JA identified the following guidelines for interpretation of statutes: * Right from the outset, the interpreter may take the wider context of provision (eg its ambit and purpose) into consideration with the legislative text in question. * Irrespective of how clear or unambiguous the grammatical meaning of the legislative text may seem to be, the relevant contextual factors (eg the practical effects of different interpretations, as well as the background of the provision) must be taken into account. * Sometimes this wider context may even be more important that the legislative text. * Once the meaning of the text and context (language-in-context) is

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