STRUCTURE OF A STATUTE

A statute consists of different parts and these are of varying significance to the interpretation of
statutes.

Headings, marginal notes, tables and indexes

Tables and indexes are merely guides as to the contents of a statute. They are there just for the
convenience of the reader, for quick reference of the contents of a statute. They also make it easy
for the reader to quickly locate a provision where he does not know the number. Headings and
marginal notes appear at the head of or besides each section in a statute. They summarize the
contents of that particular section.

Section 7 of the Interpretation Act states that headings, marginal notes, tables and indexes “Shall
form no part of the enactment and shall be deemed to have been inserted for convenience of
reference only.” However, courts have sometimes referred to marginal notes and headings in
interpreting an ambiguous or obscure statutory provision.

The Short Title

This is simply the name or title of the statute, used for reference purposes e.g. ‘Interpretation
Act’ or ‘Marriage Act’.

In Zimbabwe the short title appears at the head of each statute and is also mentioned in the first
section of the statute. Section 1 of most statutes is specifically there to tell us the name (i.e. short
title) of the statute. For example, section 1 of the Interpretation Act provides, ‘this act may be
cited as the Interpretation Act (Chapter 1:01)’. The chapter number, which accompanies the
name of the statute, is just a reference number. Each statute has a unique reference number,
which distinguishes it from the rest of the statutes.

The Long Title

The long title appears at the head of each statute (i.e. after the index). While the short title only
gives a clue as to what the statute is all about, the long title describes in a bit more detail what the
statute is all about. It briefly explains the purpose of the act. The long title to the Interpretation
Act is worded thus,

An act to define certain terms when used in legislative enactments, to make provision with
respect to the operation, commencement and interpretation of legislative enactments to
shorten the language of legislative enactments, and for other purposes.

It seems a long title has the same significance as a preamble in the interpretation of statutes. In S
v. Davidson 1988 (1) ZLR 117 the courts referred to the long title of the Law and Order
(Maintenance) Act and used it to interpret section 36 of the act. However, the court erroneously
referred to it as a preamble. The court held that a preamble (actually meaning the long title) may
be used in the interpretation of a statutory provision in the act in question, but only when the
provision in question is vague or ambiguous. Where the provision to be interpreted is clear, then
the preamble (or long title) plays no part. In fact preambles have fallen into disuse in Zimbabwe
and their place seems to have been taken over by long titles. So long title will probably be used
in the interpretation of statutes in the same way preambles were used, i.e. when interpreting
provisions that are vague or ambiguous.

Preamble

The preamble sets out the main objective of the act. It is usually in the form of a declaration of
intent by the law maker. The majority of statutes do not in fact have a preamble. Preambles have
fallen into disuse in the drafting of statutes in Zimbabwe and South Africa.

As noted above, it is sometimes permissible for the court to refer to a preamble in an attempt to
understand the meaning of a statute or provision of the statute where the meaning is ambiguous
or vague. However, where the statutory provision under interpretation is clear, it is not
permissible to refer to the preamble (S v. Davidson, supra). Section 6 of the Interpretation Act
provides in clear terms that the preamble forms part of a statute and may be used as an aid to the
construction of such a statute.

Definition/Interpretation section

This defines certain words found in a statute. This where the legislature tells us how it wants us
to interpret certain words found within the statute. This is usually when the legislature has used
the words in a sense other than the ordinary meaning attached to the words in everyday usage.
Sometimes this mini-dictionary helps shorten language used in the rest of the statute. For
example almost every statute refers to a government minister who is required to administer that
particular statute e.g. the Minister of Justice e is the one tasked with administering the
Magistrates Court Act, among many other statutes. Throughout its various sections the
Magistrates Court Act mentions the word Minister in reference to the various things that the
Minister is required or empowered to do. Instead of referring to ‘Minister of Justice, Legal and
Parliamentary Affairs’ many times in the act, the act in its various sections simply refers to
‘Minister’. The definition of section then defines the word ‘Minister’ reminding us that whenever
the word Minister appears in the body of the statute, it means ‘Minister of Justice, Legal and
Parliamentary Affairs’.

Sometimes the definition section contains specific rules to be used in the interpretation of that
particular statute.

The definition section is part of the statute itself and the court should always resort to it when
dealing with a word which is defined in it.
Schedules

Schedules are normally found attached to the end of a statute. Not all statutes have schedules.
Where they exist they may contain specimen forms or a list of earlier acts that have been
amended or repealed by the present act. A schedule forms part of the statute itself so its contents
are as binding as the rest of the statute. However, in the event of conflict between a provision in
the main part of the act and the schedule, the provision in the main part of the statute prevails.

Punctuation

Sometimes where one puts a comma, a colon or a full stop or an omission to put such
punctuation may have a bearing on the meaning of a sentence in a statutory provision. For a long
time the courts had debated whether punctuation should be regarded as part of a statute and
therefore used as an aid to the interpretation of the provision. The matter has been settled by
section 6 of the Interpretation Act which provides that “the preamble to an enactment and any
punctuation in an enactment and shall form part of the enactment and may be used as aids to the
construction of statutes.”