After consultation, as contemplated in section 5 of the National Education Policy Act, 1996 (Act No. 27 of 1996), the Minister may determine norms and standards by notice in the Gazette regarding the funds used for the employment of staff referred to in subsections (4) and (5), but such norms and standards may not be interpreted so as to make the State a joint employer of such staff.

The governing body may allow the reasonable use of the facilities of the school for community, social and school fund-raising purposes, subject to such reasonable and equitable conditions as the governing body may determine which may include the charging of a fee or tariff which accrues to the school

When presenting the annual budget contemplated in section 38, the governing body of a public school must provide sufficient details of any posts envisaged in terms of subsections (4) and (5), including the estimated costs relating to the employment of staff in such posts and the manner in which it is proposed that such costs will be met

Subject to this Act, the Labour Relations Act, 1995 (Act No. 66 of 1995), and any other applicable law, a public school may establish posts for non-educators and employ non- educator staff additional to the establishment determined in terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994)

If the 'plain meaning' of the words is ambiguous, vague or misleading, or if a strict literal interpretation would result in absurd results, the court may deviate from the literal meaning to avoid such an absurdity

Irrespective of how clear or unambiguous the grammatical meaning of the legislative text may seem to be, the relevant contextual factors (e.g. the practical effects of different interpretations, as well as the background of the provision) must be considered

Once the meaning of the text and context e.g. language in context is determined, it may not be applied irrespective of whether the interpreter is of the opinion that the legislature intended something

The 'plain meaning' in the text should be strictly considered as this would be vague and misleading

S v Huyser 1968 (3) SA 490 (GW)

S v Labuschagne 1979 (3) SA 1320 (T)

S v Reed 1972 (2) SA 34 (RA)

S v De Bruin 1975 (3) SA 56 (T)

R v Hildick-Smith 1924 TPD 68 81

R v Lewinsohn 1922 TPD 336

R v Forlee 1917 TPD 52

R v Herman 1937 AD 168

Santam Insurance Ltd v Taylor 1985 (1) SA 514 (A)

Shoprite Checkers (Pty) Ltd v Ramdaw 2001 (3) SA 68 (LC)

Nissan SA (Pty) Ltd v Commissioner for Inland Revenue 1998 (4) 860 (SCA)

National Union of Mineworkers of SA v Driveline Technologies 2003 (4) SA 645 (LAC)

the text of the legislation stipulates more than its purpose

the text of the legislation is vague, unclear and ambiguous

the initial meaning of the text is in conflict with the Constitution

the text of the legislation stipulates less than its purpose

Kalla v The Master 1995 (1) SA 261 (T) 269C-G

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

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

Mateis v Ngwathe Plaaslike Munisipaliteit 2003 (4) SA 361 (SCA),

Any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, regulations, or order and any other enactment having the force of law

Any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, Green and White papers, and any other enactment having the force of law

Any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, legal notices, advertisements and any other enactment having the force of law

Any law, proclamation, ordinance, Act of Parliament, all by-laws, rules, legal notices, and any other enactment having the force of law

the court had to interpret section 10(1) of the Stock Theft Act 26 of 1923

the court had to interpret section 2(1)(b) of the Legal Deposit of Publications Act 17 of 1982

the court heard an appeal against the decision of a magistrate's court in which the accused was found guilty of contravening a municipal by-law because he kept a duck within the municipal boundaries without the required licence

the court heard an appeal against the decision of a magistrate's court in which the accused was found guilty of contravening a municipal by-law because he kept a peacock within the municipal boundaries without the required licence.

That it should be made known to the population to who it applies.

That the population should have ample time to comment on it.

That legislation should only pass with a popular mandate from the masses.

That it should be gazetted in keeping with common law traditions.