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ULL 214

ULL 214. Interpretation of Statutes Lecturer: Miss Georgia Myburgh Office Number: JBG 145 Consultation hours: Wednesdays between 14:00 and 17:00 or by appointment at (051) 401 2982. Study material. Study guide at Xerox.

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ULL 214

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  1. ULL 214 Interpretation of Statutes Lecturer: Miss Georgia Myburgh Office Number: JBG 145 Consultation hours: Wednesdays between 14:00 and 17:00 or by appointment at (051) 401 2982

  2. Study material • Study guide at Xerox. • Textbook: Statutory Interpretation: An introduction for students. Christo Botha, fourth edition. • Notes as used in class at Xerox 7/11.

  3. Rules of class • No cellphones • No mxit, facebook, bbm or any other social network activities in class. • No late comers. Doors will be closed at 5 minutes after commencement of class. No signing of register if student is late. • No speaking in classes unless there are controlled academic discussions in class or students have questions to ask the lecturer or wish to participate in an academic discussion regarding the work.

  4. Participation in classes – ENCOURAGED!!!!

  5. In this module YOU ARE A JUDGE

  6. WHY? • What is Interpretation of Statutes? • What is it used for? • Why is it important?

  7. Example • Section 25 of the Final Constitution • Public purpose? • State or government use? OR More general public purpose?

  8. Section 25 Property 25. (1) No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property. (2) Property may be expropriated only in terms of law of general application - (a) for a public purpose or in the public interest; and (b) subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court. (3) The amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances, including - (a) the current use of the property; (b) the history of the acquisition and use of the property; (c) the market value of the property; (d) the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and (e) the purpose of the expropriation. (4) For the purposes of this section - (a) the public interest includes the nation’s commitment to land reform, and to reforms to bring about equitable access to all South Africa’s natural resources; and (b) property is not limited to land. (5) The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.

  9. Right to Life – Section 9 of Constitution Life “11. Everyone has the right to life.” Abortion? 3 weeks? 9 months? Christian Lawyers Association v Minister of Health. Death Penalty? – S v Makwanyane

  10. Embryo at 8 weeks

  11. 20 weeks

  12. “Body of rules and principles used to construct the correct meaning of legislative provisions to be applied in practical situations”Botha, ,Statutory Interpretattion

  13. Section 1 of the Orange Free State Civil Protection Ordinance “IN this Ordinance, unless the context otherwise indicates – ‘disaster’ means a disaster or a state which is not a state of emergency or a state of disaster and which, in the opinion of the Administrator or of the local authority concerned, is a disaster, as defined in section 1 of the Act, or is likely to develop into such a disaster”

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