Found inside – Page 143The Court observed that in dealing with international and foreign law we must bear in mind that we are required to construe the South African Constitution, ... Found inside – Page 725Very basically stated, South African courts may be expected to interpret the place of effective management concept in the domestic income tax scene against ... Found inside – Page 116Nevertheless, the Court's general statement might not reflect the complexity of the matter. In the South West Africa Cases, the Court clarified that it ... Found inside – Page 96The Story of the Church of England in South Africa Anthony Ive ... or its ecclesiastical Courts may interpret the standards and formularies of the Church of England in a different sense from that in ... a Bishop may be consecrated and appointed to minister to the Evangelical congregations in South Africa who will more nearly ... Found inside – Page 368There is broad agreement that courts may apply the presumption in cases where the statute is facially ambiguous. The South African Constitutional Court, ... Found inside – Page 326Sieg Eiselen Abstract Although the Constitution of South Africa provides the basis for the ... courts must use international law and may use foreign law. Found inside – Page 63Yet, that would not be the result of legal obligation.84 Likewise, the South African Constitutional Court referred to VCLT to interpret provisions of the ... Found inside – Page 56They are not limited by the value of the claim , and may interpret wills or decide upon their validity of the property affected is worth not more than £ 300 . Unless , therefore , an African proceeds direct to the supreme court , he must , except in ... Found inside – Page 169There are two main ways in which the approach to interpretation and enforcement ... The South African courts seem also to have adopted this latter approach, ... Found inside – Page 223interpretation and meaning of the norm as such.29 Thus, a decision of an ... of indigenous peoples30 and a decision of a South African court which found ... Found inside – Page 7Interpretation materials Courts use a variety of different materials to ... Act that applies to the interpretation of all law in force in South Africa . Found inside – Page 52880 The South African Constitution 1996 affirms that, in interpreting the bill of rights, courts 'must consider international law' and 'may consider foreign ... Found inside – Page 316dignity and thereby the dignity of all South Africans was diminished. ... the sources to which the Court may look in building its jurisprudence around the ... Found inside – Page 277South Africa. detained in custody where the sentence in question includes CHAPTER 7 any penalty authorised by section 12 ( 1 ) ( a ) , ( b ) , ( c ) or ( d ) . ... by a military court proceedings interpreted into a language preferred by the shall be promulgated in a manner authorised by ... of the Chief of the South African thereafter , in the case of the offender , give the further National Defence Force , it will be in ... Found inside – Page 13So A generous interpretation should furthermore be given to the text , 51 and the history of South Africa and the desire not to ... ( 3 ) SA 391 ( CC ) ( footnote 46 of the judgment ) notes that a court may not only consider treaties to which South Africa is a party or ... Where a conflict arises between a purposive interpretation and a generous interpretation , the court will always choose the purposive approach . Found inside – Page 355South Africa follows a dualistic approach to the incorporation of ... courts may be freely used for interpreting the South African Constitution. Found insideIt may well be that when a South African court is next faced with the interpretation of such claims, the court will find that the “for use” type claim ... Found inside – Page 504German authorities and courts may only disregard them if they are ultra ... However, German courts will also duly consider judicial rulings in cases in ... Found inside – Page 534This may not preclude a claim of state or head of state immunity because ... argues that the courts may interpret Section 4(2)(a) so that the personal ... Found inside – Page 108In South Africa the myth persists that, as in England, freedom of person is ... Where the statute in question is ambiguous the courts may interpret it in ... Found inside – Page 16South Africa's Promotion of Administrative Justice and Access to Information Acts ... or if a strict literal interpretation would result in absurd results , the court may deviate from the literal meaning to avoid ... Then the court will turn to the so - called ' secondary aids ' to interpretation to find the intention of the legislature ( e . g . Found insideAt the end of the trial, a judge will consider who bears the onus of proof ... The court may be approached to interpret its judgment but may not alter its ... Found inside – Page 175Attention will be paid to how the courts have interpreted their obligations under the ... and protection of children's rights and child law in South Africa. Found inside – Page 342OLIVIER JA 2003 ( 3 ) SA 337 SCA A [ 11 ] It is not necessary to repeat all the arguments presented by counsel appearing for the parties in this Court or the reasoning of Comrie J in the Court a quo . ... ( 14 ) Consequently , one must give a common sense interpretation to the F judgment and order made by the magistrate . ... at the enquiry , the maintenance court may J ( 6 ) in the case where a maintenance order is in forceSCA OLIVIER JA 2003 ( 3 ) SA 337 ( i 342 COHEN V COHEN. Found inside – Page 246Book reviews PRINCIPLES OF LEGAL INTERPRETATION - STATUTES , CONTRACTS AND WILLS by EA Kellaway Butterworths ... the first of its kind to be published in South Africa ) which deals with not only the interpretation of statutes , but also of contracts and wills . ... Briefly , Kellaway is of the opinion that our courts may indeed refer to English decisions and for two reasons , namely that ( i ) Roman ... Found inside – Page 140But South Africa also has a responsibility towards her own culturally divided citizenry and Africa as a whole . ... It is also expected that the CDC will become a useful tool for judicial and scholarly interpretation of cultural diversity issues . ... The Convention may , for example , be instrumental in promoting the development of the cultural sector ( including of industries that produce and distribute cultural ... Found insideWhen interpreting any law, or when developing the common law, every court must ... Only the Constitutional Court may decide disputes between national or ... Found inside – Page 308It establishes that the Constitutional Court “shall. . . have regard to ... protection of the rights” guaranteed by the South African Constitution.98 ... Found inside – Page 59In a dualist country, courts may not ordinarily apply a treaty unless it has ... The South African constitution requires that courts interpret rights in ... Found inside – Page 27Then, the court may aim to detect the 'mischief' that the law should overcome ... the golden rule or fair and liberal interpretation will allow the judge to ... Found inside – Page 54While South Africa has signed, but not yet ratified, ICESCR, ... Court has held that both binding and non-binding international law may be used as a tool of ... Found insideThis is because the Court may shift the Act's meaning from what the legislature ... Victoria Bronstein, 'The Courts and the Provinces in South Africa', ... Found inside – Page 27To quote the Lord Chancellor again: “The Convention rights are the magnetic north and the needle of judicial interpretation will swing towards them'. Found inside – Page 291Classification may require interpretation by a court, which will consider the true intention of the parties, rather than the (simulated)420 form in which ... Found inside – Page 105It also remains open for the court to declare through interpretation, ... In a nutshell, I believe the South African model is the exemplar to work from, ... Found inside – Page 4243South Africa. Parliament. House of Assembly. United Party , then they adopt a completely different attitude . Is that fair towards Natal ; is it fair towards the people of Natal ? ... matter and in which it is stated that the Natal Provincial Council should be convened so that it may interpret the will of the people . ... to constitute Parliament or a section of Parliament as a court of appeal from the Appellate Division . Found inside – Page 577However, whether this interpretation will persevere in practice remains to be seen. No South African court has thus far been willing to engage in the ... Found inside – Page 197Section 2D(1) of the Wills Act 7 of 1953 contains three further statutory provisions that may be applied in the interpretation of wills. Found inside – Page 12The clerk of the court may refuse to issue any summons commencing an ordinary action or one in which is included an ... adjudication of disputes " and the rules should be interpreted and applied in a spirit which will achieve these objects . Found inside – Page 104of reproductive health care services may be read to indicate that resource ... variety of different ways in which the courts may interpret section 27(1)(a), ... Found inside39(1) Constitution of South African (1996) When interpreting any legislation, ... A court may also take judicial notice of studies done by international ... Found inside – Page 257The South African Constitution, for example, provides that in interpreting the Bill of Rights a court must consider international law and may consider ... Found inside – Page 27In this chapter the general principles of treaty interpretation will be discussed and the specific issue of whether CFC ... international law is not foreign law , courts may take judicial notice of it as if it were part of South Africa ' s common law . Found insideThough there is a clear difference between the two auxiliary verbs 'may' and ... 13 South African courts must also prefer an interpretation of legislation ... Found inside – Page 200No rule or principle of interpretation is acceptable unless it proceeds from ... 31(3) are indicative of this intent.96 At trial, the Court may consider a ... Found inside – Page 68That fact , if true , may explain the Executive ' s intense interest in punishing respondent in our courts . ... The Court of Appeal of South Africa - indeed , I suspect most courts throughout the civilized world — will be deeply disturbed by the ... Found inside – Page 156An interpretation of that nature may , as will presently be shown , not be adopted by the Court unless the terms of the provisions relied upon are clear , imperative and cannot be interpreted in any other way . When examined in this sense it ... Found inside – Page 303Alternatively, the constitutional court may locate the breach of the ... their counterparts in Canada and South Africa.85 Although the technique of ... Found inside – Page 63contrary to South African public policy (see Cameron et al Honore's South African ... it may be argued that the validity of a trust has to be interpreted in ... Found inside – Page 41No evidence of the meaning of legal technical terms in our law may be presented , but a court will take judicial notice of such meaning . Usage and custom should be taken into account as aids to interpretation . The interpretation of a contract ... Of Parliament as a court of appeal from the Appellate Division in our courts expected that CDC. Found inside – Page 68That fact, if true, may explain the Executive ' s intense interest punishing. Of proof the Executive ' s intense interest in punishing respondent in our courts the judgment... Cultural diversity issues common sense interpretation to the F judgment and order made by the magistrate of appeal the... It is also expected that the CDC will become a useful tool for judicial and scholarly interpretation of contract. 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