LEGAL METHODS

LLB 121

WEEK 1 AND WEEK 2

 The Fundamentals of the Construction, Reading and Interpretation of Legislation.
The Fundamentals of Reading and Interpretation of Legislation
The Interpretation of Documents/Deeds
 Skills for Lawyers - Legal Research
 Skills for Lawyers - Legal Writing
 The Enactment of Legislation / the Legislative Process in Uganda

Skills for Lawyers - Legal Reasoning

Skills for Lawyers - Mooting Skills
 The Legal Profession in Uganda
The Legal Profession in Uganda Cont’d
More aspects of Legal Philosophy
Skills for Lawyers -Oral Presentation Skills

The Law and Access to Justice in Uganda

Alternative Dispute Resolution Mechanisms
Law Reform and Review in Uganda
 Revising for and Succeeding in Law Examinations

RECAP
TOPIC : THE READING,CONSTRUCTION AND
INTERPRETATION OF LEGISLATION .

The Topic is about the operation of judicial statutory interpretation /judicial

interpretation of legislation.The way Acts are interpreted and the means to
interprete Acts.
Intended Learning outcomes: The student is able to :
Understand and explain the principles of interpretation of legislation
The student is enabled to identify judicial approaches as they go through
decisions on the interpretation of legislation
Apply the principles of interpretation of legislation
Use the knowledge of the principles to find solutions to legal problems
 WEEK ONE
The Fundamentals of the construction, reading and
Interpretation of Legislation
Definitions

ACT
S.2(a) Cap 3 : “Act” or “Act of Parliament” used with reference to
legislation means a law made by Parliament;
S.1(a) Cap 2 : “Act” means a law made by Parliament;
S.6 Cap 2 : Unless the situation warrants otherwise all Statutes in
Uganda shall be styled Acts.
STATUTORY INTERPRETATION.
Sometimes referred to as the judicial interpretation of statutes.
It is the consideration of legislation by the courts.
WHY THE FOCUS ON LEGISLATION ?

Written law is the second primary source of law in Uganda

( S.14 Cap 13 ).
What is ‘written law ‘?( See S2vvv) Cap 3 :(vvv) “written law” means the
constitutional instruments, Acts, statutory instruments and any other legislative
instruments having effect in Uganda;
Enacted laws form the main stream of modern legal developments-matters
formerly dealt with by case law are receiving legislative attention and the rapid
change the new problems in society are usually dealt with through legislation.

You will read a great deal of information from Acts during your law degree
(with practice it becomes easier)
 RECAP OF INTRODUCTION TO THE
CONSTRUCTION AND INTERPRETATION OF
STATUTES
Why is the interpretation of Acts necessary ?

The three basic/traditional rules of interpretation of Acts.

The rules of language.

The various approaches to interpretation of Acts.

The five types of Acts enacted by the Parliament of Uganda.

 RECAP : WHY IS THE INTERPRETATION
OF ACTS NECESSARY?
Within the modern state there are three main centres of power. (The
Montesquieu Doctrine of Separation of Powers )The judiciary is responsible
for determining legal disputes and interpreting legislation passed by the
legislature. Courts therefore have judicial authourity and not legislative
authourity.
Draftsmen often have to turn complex rules into reliable and unambigous
language and in this attempt the legislation may become
ambiguous(uncertainities added in the course of enactment)
A statutory provision is a complex statement of law written by someone
other than the person trying to interprete it
RECAP : WHY IS THE INTERPRETATION
OF ACTS NECESSARY? cont’d

There will always be provisions of Acts which cause lawyers and courts
particular difficulties. A problem can arise from conflicting interpretations.
There are techniques used by the courts for solving these problems.

 To resolve ambiguities in order to find the true meaning of the Act.Often

legislation has to be applied in a world beyond the imagination of the most
forward looking draftsmen. Some Acts then can become ambiguous and can
lead to absurd results.(unforeseen situations are inevitable)
RECAP : WHY IS THE INTERPRETATION
OF ACTS NECESSARY? cont’d

It has long been held that words are an imperfect means of communication.
Omissions may have occurred at the drafting stage, word or phraseology
ambiguity, etymological change through time, oversight on specific points, or
a failure to adapt legislation to new developments.
James Holland and Julian Webb in Learning Legal Rules (Seventh edition)
‘APPROACHES’ TO RATHER THAN ‘RULES OF
STATUTORY INTERPRETATION’
These are not rules in any commonly understood form
They are more like summary descriptions of particular approaches to the task of statutory
interpretation /interpretation of legislation
Judges do not approach the task with a clear statement of the approach they intend to
apply
You have to read their decisions very carefully and decide for yourself on the basis of the
evidence in their judgments about their approach
It is likely that judges adopt an approach which can be described as an amalgam of those
identified by the ‘rules’
This indicates that trying to interprete statutes cannot be reduced to a set of rules. The
rules of statutory interpretation are not rules in the strict sense, as each one may point to
different solution to the same problem. There is no hierarchy of rules to be applied and
neither is any court bound to follow a particular rule. They are purely guidelines for the
judiciary to solve problems with statutory interpretation.
RECAP : THE 3 TRADITIONAL RULES OF
INTERPRETATION
Sometimes referred to as the Primary Rules of Interpretation:
What are the key features of the Rule –Definition , Application and case law ?
1.The Literal Interpretation Rule
Words must be interpreted in their ordinary literal meaning because that is the only
meaning that we can be sure that the draftsman intended

2. The Golden Rule

The word or section to be interpreted must be placed in the context of the statute
as a whole and then the word must be given its ordinary meaning,unless to do so
would lead to absurdity,in which case the judge must do his best to give words
another meaning which is consistent with the context.(allows for modification of
literal rule)
cont’dRECAP : THE 3 TRADITIONAL
RULES OF INTERPRETATION

3.The Mischief Rule /Heydon’s Rule

It directs the interpretation of an Act in accordance with its general policy
and the evil it was intended to remedy.The social purpose of the Act must be
found out in light of the previous law,the specific defect unprovided for by
that law,the specific remedy decided on by Parliament and the true reason of
the reform.
( The words are ambigous,the literal interpretation fails,the extended
meaning is needed)
RECAP: RULES OF LANGUAGE IN
INTERPRETATION OF LEGISLATION

The Whole Act Rule :It requires the court to read the Act as a whole. There is a presumption of
coherence.
Ejusdem Generis Rule –(Hazel Glenn text pg 73)
Ejusdem generis means ‘of the same type’.If a general word follows two or more specific words,that
general word will only apply to items of the same type as the specific words.
Noscitura A sociis Rule -( pg 73)
‘known by the company it keeps’A word derives meaning from surrounding words.
Expressio Unius Est Exclusio Alterius.( Eand Q pg 61)
‘To express one is to exclude others: therefore mention of one or more specific things may be taken
to exclude others of the same type.
THE JUDICIAL APPROACHES TO THE
INTERPRETATION OF LEGISLATION
The Literalism Approach (HG pg 70)
The application of the literal rule. This approach requires the court to apply the ordinary
English meaning of words used by Parliament.
The Purposive Approach( HG pg 72,Glanville Williams,E and Q pg 56)
Sometimes called the Purposive Rule. The judges look at the reasons why the Act was
passed and its purpose. The word(s) must be given a meaning that is consistent with the
general purpose of the section.
This rule has also been described as the liberal generous rule.
The Integrated Approach:The integrated approach allows cautious use of these three
elements. "… the purpose has to be inferred from the language used, read in its statutory
context and having regard to any aid to interpretation which assists in the particular case.’’
THE JUDICIAL APPROACHES TO THE
INTERPRETATION OF LEGISLATION CONT’D
The Teleological Approach (HG pg 75)
It requires that the spirit of the legislation,rather than merely its purpose is considered.It is
therefore broader than the purposive approach.It is often used by judges when they are
considering European law.
The Contextual Approach (Eand Q pg 68)
Sir Rupert Cross (1995) suggests that the courts take a ‘contextual’ approach in which, rather
than choosing between different rules, they conduct a progressive analysis, considering first the
ordinary meaning of the words in the context of the statute (taking a broad view of context), and
then moving on to consider other possibilities if this Statutory interpretation provides an absurd
result.

Continental Approach(applied in civil law system) (HG pg 75)

IS THERE A DISTINCTION BETWEEN THE
MISCHIEF RULE AND THE PURPOSIVE
APPROACH ?
Glanville, W. Learning the Law, 15th edition, Thompson Reuters, UK Ltd (2013) pp 134-
135.At page 135 –The purposive approach is rather wider than the mischief rule ,since it does
not suppose (as the older rule does) that all statutes are passed for the purpose of remedying
a mischief,as opposed to promoting social purpose.The purposive approach goes wider than
ascertaining the mischief.
The purposive approach is a more modern style of interpreting statutes ,and it has largely
overtaken the mischief rule in relevance. Amanda Powell and Natasha Coolhun (2011)
Indeed ,the mischief rule and the purposive approach are now used
interchangeably by many judges.
Glanville Williams-In recent years the purposive approach has surplanted both the
literal rule and the mischief rule as the proper approach to the ascertainment of
parliaments will.
 LAW APPLICABLE TO THE
CONSTRUCTION,READING AND
INTERPRETATION OF LEGISLATION
CONSTITUTION OF THE REPUBLIC OF UGANDA .
( Articles 2(2),National Objectives and Directive Principles of State
Policy 1(1) )
INTERPRETATION ACT CAP 3
ACTS OF PARLIAMENT ACT CAP 2
CASE LAW
 THE TYPES OF ACTS ENACTED BY THE
PARLIAMENT OF UGANDA.

Amending Act: An Act passed by Parliament to alter another existing Act of

Parliament or to alter an enactment .See definition of Amendment in S.2(f)
Cap 3 ,Art 257(9)
Repealing Act :This is the removal or reversal of law.An Act remains effectual
until it is reversed or repealed.
Consolidating Act :It brings into one Act of Parliament an original Act
together with all amendments that have been made to that original Act by
various amending Acts of Parliament, or an Act passed to bring into one Act ,
provisions which have previously been scattered in various earlier Acts which it
repeals.
THE TYPES OF ACTS ENACTED BY THE
PARLIAMENT OF UGANDA.cont’d

Enabling Act :It grants an entity which depends on it, power to take certain
actions e.g enabling Acts often establish government agencies to carry out
specific government policies.

Codifying Act :Where a particular area of the law has developed over time
to produce a large body of both case law and Act, a new Act may be created
to bring together all the rules on that subject (case law and statute) in one
place.
THE DISTINCTION BETWEEN PRIMARY AND
SUBSIDIARY LEGISLATION

In discussion about legislation, or law emanating from Parliament, there is

a distinction between ‘primary legislation’ and ‘secondary legislation’.
Primary legislation refers to Acts of Parliament.
It often takes a long time for primary legislation to get through all the
various stages in the Parliamentary process .The drafting of Acts therefore
may contain only broad provisions .The detailed rules are produced later
under the authority of the Act.
These detailed rules are known as secondary legislation or ‘statutory
instruments’ and take the form of ‘regulations’, ‘rules’ or
‘ordinances’,’bylaws’..
THE DISTINCTION BETWEEN PRIMARY AND
SUBSIDIARY LEGISLATION cont’d
PRIMARY LEGISLATION: SECONDARY LEGISLATION
Synonyms: Synonyms:
ACTS OF PARLIAMENT SUBSIDIARY LEGISLATION
PRINCIPLE LEGISLATION SUBORDINATE LEGISLATION
DELEGATED LEGISLATION
STATUTORY INSTRUMENTS
THE TERM –STATUTORY INSTRUMENT.

In Uganda ,all secondary legislation is to be called a statutory instrument.(S.14 Cap 3)

14. Definition of statutory instrument.

Where any Act confers on the President, a Minister or any other authority,
a power to make or a power exercisable by making proclamations, rules,
regulations, byelaws, statutory orders or statutory instruments, any document
by which that power is exercised shall be known as a statutory instrument,
and the provisions of this Act shall apply to it accordingly.
 THE ANATOMY OF ‘ACTS’
-LAW APPLICABLE
THE ACTS OF PARLIAMENT ACT –CHAPTER 2
 CHAPTER 2 : PART II –FORMS OF ACTS AND BILLS-SECTION 2 TO SECTION 7.
THE ANATOMY/THE PARTS OF AN ACT.( The lay out,internal parts of an Act.)
SHORT TITLE(S.3, S.15)
LONG TITLE (S.3)
WORDS OF ENACTMENT (S.4,First Schedule)
SCHEDULES
SECTIONS
SUB SECTIONS
DATE OF ASSENT (S.19)
DATE OF COMMENCEMENT(S.14)
WEEK TWO
 WEEK TWO
THE FUNDAMENTALS OF THE READING AND INTERPRETATION OF
LEGISLATION cont’d.
THE INTERPRETATION OF DOCUMENTS/DEEDS
The Internal/Intrinsic Aids of Interpretation:
What are these and how do they assist the interpretation process ?

The External/Extrinsic Aids of Interpretation.

What are these and how do they assist the interpretation process ?

The Presumptions of Interpretation.

Principles used in the interpretation of documents.

JUDGES USE ‘RULES’,AIDS AND PRESUMPTIONS

The application of the ‘rules’ in themselves is not sufficient to provide all

the tools required by the judiciary.

There are a number of other judicially sanctioned aids which can facilitate
the interpretation of legislation.
THE AIDS OF INTERPRETATION OF LEGISLATION

These have been described as organisational and information devices.

 WHAT ARE THE INTERNAL/INTRINSIC AIDS OF
INTERPRETATION?
Aspects of the Act that may be used to determine the meanings of words as used
in the Act .
Short Title
Long Title
Preamble
Headings
Marginal Notes or Side Notes
Provisos
Interpretation clauses
Schedules
Punctuation
 WHAT ARE THE EXTERNAL /EXTRINSIC AIDS OF
INTERPRETATION?
Reference to matters outside the Act.
 Interpretation Act Cap 3
Statutes/Acts in parimateria
Historical setting-the context
 Reputable Dictionary
Textbooks
Reports of Commissions
Hansards
Judicial decisions
 WHAT ARE THE PRESUMPTIONS OF LAW IN
INTERPRETATION?
 Words and expressions importing the masculine gender include females. S3(2)
Cap 3
Mensrea is required for criminal liability
Presumption against retrospective effect
Vested rights –access to courts
Derogation from International Law And Comity Of Nations
Internal consistency
Penal statutes
Statutes in Pari Materia
The legislature does not intend to produce inconvenient and unreasonable results
INTERPRETATION OF LEGISLATION :
CONCLUSION

a )In addition to the three basic rules of interpretation,there are other rules
of language,aids and presumptions.

b)None of these is binding,there is no order of priority and judges may

choose which to apply.
c )The choice of rule may affect the outcome of the case,even by the same
judge
d ) Sometimes more than one rule is needed in order to reach a decision on
another rule e.g ,intrinsic aids to support the mischief rule
SUMMARY OF PRINCIPLES OF INTERPRETATION
OF LEGISLATION.(Amanda Powell and Natasha Coolhun
(2011) )

1. Start with a rule of interpretation,initially the literal rule.

2. Watch out for the Purposive Rule/Approach.
3.Support it with rules of language,especially if a list is involved ,and aids to
interpretation.
4.Keep presumptions in mind.
SCENARIOS :

What happens if two courts come to different conclusions ?

The doctrine of precedent identifies which decision should be followed.

What happens if there is a conflict between a judicial interpretation and a

provision of an Act ?
DEFINITION OF DEED

A deed is a written instrument under seal of the parties executing it.

“All deeds are documents but not all documents are deeds. For instance a legend
chalked on a brick wall. A deed is therefore a particular kind of document; it must
be a writing on the paper or its like. Any instrument under seal is a Deed if made
under private parties”
A Deed must either :
i)Effect the transference of an interest or right or property
ii)Create an obligation binding on some person or persons or
iii )Confirm some act whereby an interest, right, or property has already passed
(Blacks Law Dictionary ,Gerald Dworkin- Construction of Deeds and Statutes)
 PRINCIPLES USED IN THE INTERPRETATION OF
DEEDS
Words must be construed ut res magis valet quam pareal.
The deed must be read as a whole in order to give words a meaning which
is consistent with the whole document.
It is the duty of the court to interpret the deed so as to give a effect to the
wishes of the maker.
In case of uncertainty the deed must be construed as valid rather than
invalid.
Where the contents of a deed are ambiguous, the court may accept parole
evidence to determine the meaning.
SELECT UGANDAN JUDICIAL DECISIONS
:(INCOMPLETE)
SAROJ GANDESHA V TRANSROAD LTD CA CIVIL APPEAL NO.19 OF 2006
Court held : according to the literal rule of construction, words must be given their ordinary or natural
meaning.
UGANDA REVENUE AUTHORITY:V SPEKE HOTEL (1996) LTD HC CIVIL APPEAL NO.12OF 2008
Court held that the purposive approach was the correct position of legal interpretation. Court stated
that it is trite law that where the language is unambiguous, it is to be interpretation strictly (literally). If
on the other hand it is ambiguous, it is to be interpreted in favour of the taxpayer.
See: Pepper vs. hart Pg. 43(e)(f), Pg. 50(b)(g) Pg.64(d)(e)(f)(g), Pg. 65(a), Pg.67(e).
Court noted that that the purposive approach is only used where the literal meaning of the legislation
yields or tends to yield more that one interpretation. Court decided that item 23 of the Finance Act as
amended is wholly unambiguous and ought to be interpreted literally.
SELECT UGANDAN JUDICIAL DECISIONS
:(INCOMPLETE)
OCITTI BWOMONO V OKELLO OCEN HC CIVIL MISC APPLICATION NO. 054 OF 2014

It is trite law that where an earlier statute is in conflict with a later one, the later
statute prevails. This is based on the assumption that the legislature keeps abreast
with the needs of the time and is wiser as time passes.
This was espoused in the case of Uganda Revenue Authority vs Uganda Electricity
Board HCT-02 - 001 – 2006.
The assumption that the later statute should prevail dates way back in the 18th
century as it was held in the case of Re Williams (1887) 36.Ch.D 537 at page 578
that “And it appears to be a constitutional necessity as well as an established rule of
construction that the last utterances of the legislative should prevail over earlier statutes
inconsistent with it”
SELECT UGANDAN JUDICIAL DECISIONS
:(INCOMPLETE)
STEPHEN SERUWAGI KAVUMA V BARCLAYS BANK (U) LIMITED HC(COMM. DIV)MISC. APPLIC NO.
0634 OF 2010
The judge considered that golden rule of statutory interpretation requires that in the construing of
statutes, “we are to take the whole statute together, and construe it all together, giving the words
their ordinary signification, unless when so applied they produce an inconsistency, or an absurdity or
inconvenience so great as to convince the Court that the intention could not have been to use them in
their ordinary signification, and to justify the Court in putting on them some other signification, which,
though less proper, is one which the Court thinks the words will bear.” (Lord Blackburn in River Wear
Commissioners v. Adamson (1876-77) L.R. 2 App Cas 743.)
UGANDA REVENUE AUTHORITY V CHINA JIEFANG (U) LTD HC (COMM. COURT) HC CIV.APP.NO. 57
OF 1999
In this case the judge used the purposive interpretation rule to rule out any ambiguity or inexplicity.
THE END WEEK 1 AND WEEK 2

Move on to Topic 2 .