concerning its investigation into the review of the Interpretation Act, 1957
(Act No 33 of 1957) (project 25)
6 October 2006
The South African Law Reform Commission hereby releases its Discussion Paper
112 of Project 25: Review of the Interpretation Act 33 of 1957, for general
information and comment. The Discussion Paper sets out the Commission's
preliminary recommendations for law reform regarding the Interpretation Act,
1957.
The Commission has been mandated with the task of revising the South African
statute book for constitutionality, redundancy and obsolescence. One of the
statutes to be revised as part of Project 25: Statutory Law Revision is the
Interpretation Act, 1957. The Interpretation Act was drafted during an era of
parliamentary sovereignty. It is not in line with the current constitutional
dispensation or with the principles and practices of drafting and
interpretation which the legislature and the courts have adopted since
1994.
The following are the main issues dealt with in Discussion Paper 112 and the
proposed Interpretation of Legislation Bill:
* the meaning of the word legislation (original and assigned legislation
primary legislation (parliamentary and provincial legislation and municipal
by-laws) and legislation issued by the executive (subordinate or secondary
legislation; new legislation and old order legislation)
* the definitions to be included in the definition clause in the proposed
Interpretation of Legislation Bill
* the purpose of the Interpretation of Legislation Bill
* the application of the Bill
* some principles of interpretation including the supremacy of the
Constitution
* legislation to be interpreted in the light of changing circumstances
* inconsistencies between provisions in the same legislation
* elements of legislation to be considered during interpretation (intrinsic
information) such as preambles, long titles, marginal notes, headings to
chapters or sections, paragraphing and punctuation, footnotes, endnotes,
diagrams and examples, and schedules
* extrinsic information as aids to interpretation such as preceding discussions
and speeches in Parliament and explanatory material
* commencement of legislation
* exercise of powers before commencement of legislation
* publication of legislation
* parliamentary scrutiny of subordinate legislation
* the expiration or demise of legislation including express repeal of
legislation; effect of repeal; and implied repeal
* proposals for the implementation of measures for sun-setting of subordinate
legislation whereby all subordinate legislation will have a limited life, for
example of five years or ten years, after which the legislation has to be
scrutinised and re-enacted otherwise it ceases to be of force
* the extent to which legislation binds the State
* the application of the functus officio doctrine and revocation of
administrative decisions generally and proposals for reform of section 10(1) of
the Interpretation Act
* notification in the Gazette of official acts performed in terms of
legislation
* directory and peremptory words in legislation
* amendment and repeal of subordinate legislation
* the exercise of powers and performance of duties
* the power to appoint persons
* the power to differentiate when issuing subordinate legislation
* delegation of power
* transfer of legislation, powers and functions
* a list of general definitions for words and expressions often used in
legislation
* definitions in old order legislation
* derivatives and other grammatical forms of defined words and
expressions
* gender provisions
* reckoning of time and measurement of distance
* standard provisions in legislation such as prescribed forms; methods of
serving, delivering, sending or submitting documents; consultation procedures;
and decisions of bodies consisting of members, quorums of bodies and distant
participants
The Commission invites comments and suggestions on Discussion Paper 112.
Comments or suggestions should reach the Commission by 31 December 2006 at the
following address:
The Secretary
South African Law Reform Commission
Private Bag X668
Pretoria
0001
Tel: (012) 392 9557
Fax: 0866 863 971 or (012) 320 0936
Email: pvanwyk@justice.gov.za
The South African Law Reform Commission was established by the South African
Law Reform Commission Act 19 of 1973. It is an advisory body whose aim is the
renewal and improvement of the law of South Africa on a continuous basis.
Discussion Paper 112 is available on the Internet at the following site:
(http://www.doj.ac.za/salc/salc.html)
the discussion paper is also obtainable free of charge from the Commission upon
request (the contact person is Mr Jacob Kabini at (012) 392 9580).
Enquiries:
Mr Pa Van Wyk
Tel: (012) 392 9557
Fax: (012) 320 0936
Email: pvanwyk@justice.gov.za
Issued by: South African Law Reform Commission
6 October 2006
