Govender v Minister of Safety and Security 2001 (4) SA 273

Makwanyane and Ex Parte Minister of Safety and Security: in re S v Walters 2002 (4) SA 613 (CC).

Soobramoney v Minister if Health, Kwazulu-Natal 1998 (1) SA 765 (CC)

S v Makwanyane and Another (CCT3/94) [1995] ZACC 3

value-based or teleological and comparative

contextual and textual

peremptory and directory

internal and external

the court suggested that the intention of the legislature could solve interpretation problems as a last resort when the contextual approach could not. The court thus partially recognised the value of the textual approach, but restricted its application to cases where the contextual approach had failed.

the court held that 'an alternative road' meant 'an alternative roadway' and not 'an alternative route'.

the court consulted a dictionary and discovered that the words ?an alternative road? was linguistically limited to a single ordinary grammatical meaning.

the court lamented that the President Jacob Zuma effected the e-tolling system unfairly and unlawfully.

Was confirmed by the Appellate Division in Administrator, Cape v Raats Rontgen & Vermeulen (Pty) Ltd 1992 (1) SA 245 (A)

Does not exist in our law as the courts have proved it to be untenable.

Was confirmed by Constitutional Court in

Only applies to original legislation

Any law, proclamation, ordinance, Act of Parliament, or other enactment having the force of law.

Any law which can be enforced against any trespassers.

Any law, proclamation, ordinance, Act of Parliament, or other enactment having the force of law but excluding Sharia law.

Any law, proclamation. Ordinance, Act of Parliament, or other enactment having the force of law and including Sharia law.

Public Carriers Association v Toll Road Concessionaries (Pty) Ltd 1990 (1) SA  925 (A)

Qozeleni v Minister of Law and Order 1994 (3) SA 625 (E)

Chotabhai v Union Government 1911 AD 24

Brown v Cape Divisional Council 1979 (1) SA 589 (A)

That if the text is ambiguous, the traditional rules of interpretation of statutes may be applied to find the ?intention of the legislature?

Right from the outset the interpreter may take the wider context of the provision (eg: its ambit and purpose) into consideration with the legislative text in question

The court had to examine all contextual factors in ascertaining the intention of the legislature, irrespective of whether or not the words of the legislation were clear and unambiguous

The court did not have to examine all contextual factors in ascertaining the intention of the legislature, this is regardless of whether or not the words of the legislation were clear and unambiguous

Leibrandt v SA Railways 1941 AD.

Amalgamated Packaging Industries v Hutt 1975 (4) SA 943 (A).

R v Lewinnsohn 1922 TPD 336.

government of the Republic of South Africa v Government of KwaXulu 1983 (1) SA 164 (A)

Ex accessorio eius de quo verba loquuntur

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