Study Theme 6&7: Interpretation

Question 1

Jaga v Dönges case

Answer 1

Jaga v Dönges case in South Africa was significant for interpreting statutes.
Schreiner JA’s dissenting judgment in the 1950s expanded interpretation beyond literal words to consider the legislation’s broader context.
Transition from literalism to purposivism was slow until the new constitution brought a substantial change.

Question 2

Purposive interpretation

Answer 2

requires the interpreter to:
* Promote the values that underlie an open and democratic society based on human dignity, equality and freedom.

Question 3

S v Makwanyane

Answer 3

• Court interpretation: Bill of Rights rights must fulfill their purpose.
• Interpretation should promote values: human rights, equality, and freedom.
• Rights viewed in context of open and democratic society.

Question 4

What must you take into account when interpreting:

Answer 4

• The larger objects of the bill
• Public opinion
• The language of the bill

Question 5

What type of interpretations did the S v Makwanyane case illustrate

Answer 5

1. Grammatical;
2. Systematic;
3. Purposive interpretation and historical aspects and also considered international and foreign law

Question 6

What are the different types of interpretation:

Answer 6

• PURPOSIVE INTERPRETATION- SECTION 39 (1) (a);
• HISTORICAL INTERPRETATION;
• GENEROUS INTERPRETATION;
• COMPARATIVE INTERPRETATION;
• SYSTEMATIC INTERPRETATION;
• TELEOLOGICAL INTERPRETATION;
• TRANSFORMATIVE INTERPRETATION;
• RELEVANCE OF PUBLIC OPINION

Question 7

What factors must be taken into account for purposive interpretation

Answer 7

1. Nature and larger objects of the Bill;
2. Language used;
3. Historical origins;
4. Meaning and purpose of other rights associated with the right in question