Name and Surname: Reginald Letselebe

Student no: 43519156

Assignment no: 01

Module code: IOS2601

1
 Table of contents

Question 1
1(a) The difference between the date of assent and the date
commencement
(b) three internal aids to determine the purpose of the Act.
(i) The preamble
(ii) Express purpose clause and interpretation guidelines
(iii) The definition clause
(c) The long title of the Act
(i) The long title of the Act state:
(ii) The importance of the long title
Question 2
2(a) Difference between peremptory provisions and directory provisions
Question 3
3(a). The different methods of computation of time
Question 4
4(a). The impact of the interpretation clause of the Constitution on the
approach adopted by the courts when interpreting statutes

2
Assignment 01 IOS2601 43519156
Unique no: 719782

1. Introduction
The assignment explains the difference between the date of assent and the
date commencement with reference to the provisions of section 13 of the
interpretation Act 33 of 1957. Followed by a discussion of how to identify the
purpose of the Act. A list of three internal aids that can be consultant is given,
including examples of such internal aids. The long titled is also identified and
an explanation of why the long title is important for statutory interpretation. The
assignment also explains the difference between peremptory provisions and
directory provisions; and states whether the appointment of the youth
commissioner compiled with statutory requirements. Different methods of
computation of time are given, particularly ordinary civil method. A brief
discussion of the impact of the interpretation clause of the constitution on the
approach adopted by courts when interpreting statutes concludes the
assignment.

Question 1

1(a) The difference between the date of assent and the date
commencement
Section 13 of the Interpretation Act 33 of 1957 states that1:

“Commencement means the day on which the law comes or came into operation, and that
day shall, subject to the provision of sub-section (2) and unless some other day is fixed by
or under the law fro the coming into operation thereof, be the day when the law was first
published in the Gazette as a law”

The date of commencement refers to the taking effect of the law 2. is refers to
the date of promulgation. Promulgation is a process of putting legislation
officially and legally into operation.the promulgation process follow the
adoption of legislation and is a necessary step in putting such legislation into
operation 3. This is the date in which the Act became law. With regard to the
ACT 19 of 1996, the Act become law and operational on the 19 April 1996.
Where any law, or any order, warrant, scheme, letters, patents, rules,
regulations or by-laws made, operated or issued under authority of a law, is
expressed to come into operation immediately on the expiration of the previous
day.

___________________________
1
Interpretation of Statutes Act 33 of 1957
2
Botha, C. interpretation of statutes: an introduction to students (Juta) 46.
3
Botha, Interpretation of Statutes, 46.

3
Section 13(1) stipulates that unless the particular legislation itself provides
another date, it commences on the day of its publication in the Gazette. In
terms of section 13(2) “day” begins immediately at the end of the previous day,
immediately after midnight (00:00)4.

If any Act provides that the Act shall come into operation on a date fixed by the
president or the Premier of a province by proclamation in the Gazette, it shall
be deemed that different dates may be fixed in respect.The Date of assent is
the date in which the president signed the ACT in the case ACT 19 of 1996.
Act 19 of 1996 was signed by the President on the 10 April 1996 5.

(b) three internal aids to determine the purpose of the Act.

(i) The preamble

The preamble provides a programme of action or a declaration of intent with

regard to the broad principle’s contained in a particular statues 6.

(ii) Express purpose clause and interpretation guidelines

Express purpose clause and interpretation guidelines contain a more detailed

and are more focused and should be more valuable during the interpretation 7.

(iii) The definition clause

The definition clause gives an explanatory list of terms in which certain words
or phrases used in the legislation definitions8.

(c) the long title of the Act

(i) The long title of the Act state9:

 To provide for the establishment, constitution, objects and function of a

National Youth Commission; and to provide for matters connected
therewith.

(ii) The importance of the long title

the long tittle provides a short description of the subject matter of the
legislation. It forms part of the statute considered by the legislature during the
legislative process 10.

___________________________
4
Interpretation of Statutes Act 33 of 1957
5
Botha, Interpretation of Statutes, 46.
6
Botha, Interpretation of Statutes, 118
7
Botha, Interpretation of Statutes, 118
8
Botha, Interpretation of Statutes, 191.
9
Youth Commission Act 19 of 1996.
10
Botha, Interpretation of Statutes, 119.

4
The long title also help to ascertain the purpose of the legislation10 . The long
tittle can be used only when the wording of a particular provision is vague or
ambiguous11. The courts are entitled to refer to the long title of a statute to
establish the purpose of the legislation.

Question 2

2(a) Difference between peremptory provisions and directory

provisions
A statutory provision that requires exact compliance is peremptoty12. Failure to
comply with a peremptory provision will leave the ensuing Act, action or
conduct null and void. Peremptory provisions refers to failure to adhere to
statutory requirements sometimes resulting in the nullity of the subsequent
conduct. While statutory provision is directory when substantial compliance
with the provision is sufficient to render the subsequent conduct valid.
Non-compliance or partial compliance with a directory provision will not result
in the ensuing act being null or void. The exact compliance is not a
prerequisite13.

In the case of Commercial Union Assurance Co V Clarke 1972 (3)SA 508 (A)
the court found that there was substantial compliance with the provision. It was
not necessary to follow the requirements to the finest details, as long as the
purpose of the provision has been compiled with14.

However, in Weene Transition Council V Van Dyk 2002 (4) SA 653 (SCA) para
[13] the court emphasised that these categories are merely guidelines. What is
important is the purpose of the provision in question as well as the
consequences, if the statutory requirements are not strictly adhered to. The
question is not whether formal compliance with the statutory requirements is
required, but rather substantial compliance. Full compliance is not necessary
literal but substatial15.

The appointment do not comply with the statutory requirements, but they
compile with peremptory provisions, which may sometimes results in the nullity
of the subsequent act. The words in the act have an imperative or affirmative
character indicating a peremptory provision. The work shall is used in section
5(1)16.

Which state that: “The members of the commission shall hold office for such
fixed term as the president may determine at the time of their appointment, but
not exceeding five years”.
_________________________________
10
Botha, Interpretation of Statutes, 84.
11
Botha, Interpretation of Statutes, 85.
12
Botha, Interpretation of Statutes, 176
13
Botha, Interpretation of Statutes, 176.
14
Botha, Interpretation of Statutes, 119.
15
Youth Commission Act of 16 of 1996.
16
Botha, Interpretation of Statutes, 118.

5
The words in the negative from such as “but not exceeding five years “ are
peremptory provision. By virtual nature of these words, it is an indication that
something is not allowed 17.

Question 3

3. The different methods of computation of time

The different methods of time computation are statutory method and common
law method18. According to the statutory method the first day is excluded and
the counting start on the next day19. The last day is included according to this
method unless it falls on a Sunday or a public holiday.

The general principle of the first day excluded, last day include for day will not
apply in two instances namely:

First, the rules of court provide that where a number of court days are referred
to in a contract or legislation, the computation will not include Saturday’s,
Sunday’s and public holiday’s20
. the period can not either end on these days.

Secondly where there is a reference to a number of “clear days” or “ at least “ a

number of days in between two events, those days will be calculated with the
exclusion of both the first and the last day 21.

Section 4 of the interpretation Act state that:

“ when any particular number of days is prescribed for the doing of any act; or for any other
purpose, the same shall be reckoned exclusively of the first and inclusively of the last day,
unless the last day happens to fall on a Sunday or any other public holiday, in which case the
time shall be reckoned exclusive of the first day and exclusively also of every Sunday or public
holidays22.

The three common-law methods of computation of time are ordinary civil

method, natural method and extraordinary method. Ordinary civil method is the
default method for the calculation of months and years, and is the opposite of
the statutory method used for days23. the first day of the prescribed period is
inclined and the last excluded. The last day is regarded as ending at the very
moment it begins, as it were at the midnight of the provisions of day24..

__________________________
17
Interpretation of statutes. 2019. only study guide Unisa for IOS2601 .(University of
South Africa) 58. Pretoria.
18
Botha, Interpretation of Statutes, 126-127.
14
Botha, Interpretation of Statutes, 127.
20
Botha, Interpretation of Statutes126
21
Botha, Interpretation of Statutes126
22
Interpretation of statues Act 33 of 1957,s4.
23
Botha, Interpretation of Statutes, 127.
24
Botha, Interpretation of Statutes, 127.

6
In the case of Minister van Polisie V De Beer 1970 (2) SA 712 (T), the case
dealt with a claim for damages after the police vehicle had collided with a
private motor car. In terms of section 32 of the police Act of 1958, a claim for
damages against the police as a results of an action executed within six
months25. On the appeal the Supreme Court found that the ordinary civil
method should be used to calculate the time. The last day was therefore
excluded and summons was therefore served one day too late. As a result the
action was refused.

However, in Pivot Point SA(pty) Ltd V Registrar of Companies 1980 (4) SA 74

(T) the issue was the time period prescribed in s45 of the companies Act 61 of
197326. The court held that the language of the Act clearly indicated that the
ordinary civil method of calculating time was not to be used, because the
provision stated “after the date of such decision”. if time is to run “after” a day
or date, then clearly that day or date must be excluded from the reckoning of
time.

The natural method prescribed period of calculating from the hour or even
minute of an occurrence to the corresponding hour or minute on the last of the
period in question. With regard to the extraordinary method, both the first and
the last day of the period concerned are inclined. This method of time
calculation is obsolete and is no longer used by the courts27.

Question 4

4. The impact of the interpretation clause of the Constitution

the approach adopted by the courts when interpreting statutes
Section 39(2) of the Constitution prescribes the filtering of legislation through
the fundamental rights during the ordinary interpretation process . Section 39(2)
ensures that, generally speaking, ordinary statutory interpretation should be
based on a text-in-text method. Similar to that used in constitutional
interpretation28. constitutional interpretation refers to the authoritative
interpretation of the supreme constitution by the judiciary during judicial review
of the constitutionality of legislation and government action in terms of s172 of
the constitution.

The difference between constitution and ordinary interpretation was explained

by Froneman J in Matiso V Commanding Officer, Port Elizabeth Prison (above)
597G-Has follows:

_________________________
25
Botha, Interpretation of Statutes, 127.
26
Botha, Interpretation of Statutes, 127.
27
Botha, Interpretation of Statutes, 127.
28
Constitution of South African 1996.

7
 The interpretation of the constitution will be directed at ascertaining the foundational
values inherent in the constitution, whilst the interpretation of the particular legislation will
be directed at ascertaining whether that legislation is capable of an interpretation
which conforms with the fundamental values or principles of the constitution.

Section 39(2) of the Constitution states that: when interpreting any legislation
any legislation, and when developing the common law or customary law, every
court, tribunal or forum must promote the spirit, purport and objects of the bill
of right29.

(i) The constitution must be interpreted generously and purposefully

(Shabalala)

(ii) The constitution must be interpreted liberally and flexibly, the values
underlying the constitutional order must be considered in the interpretative
process (Acheson; and so forth)

5. Conclusion

The assignment explains the difference between the date of assent and the
date commencement with reference to the provisions of section 13 of the
interpretation Act 33 of 1957. followed by a discussion of how to identify the
purpose of the Act. A list of three internal aids that can be consultant is given,
including examples of such internal aids. The long titled is also identified and
an explanation of why the long title is important for statutory interpretation. The
assignment also explains the difference between peremptory provisions and
directory provisions; and states whether the appointment of the youth
commissioner compiled with statutory requirements. Different methods of
computation of time are given, particularly ordinary civil method. A brief
discussion of the impact of the interpretation clause of the constitution on the
approach adopted by courts when interpreting statutes with reference to case
law concludes the assignment.

______________________________________
28
Constitution of South African 1996.

8
6. Reference list

Books

Botha, C. 2018. statutory interpretation: An introduction to students. 5th edition.

Juta.

Interpretation of statutes. 2019. only study guide for Unisa. University of South
Africa. Pretoria.

Legislation

Youth Commission Act 16 of 1996

Constitution of South Africa 1996