THABO DIPATE

23 February 2018
ASSIGNMENT 1
Interpretation of Statutes means finding out the intention of the Legislature,
Explain

These statutes contain language that may not be that simple to understand. In
most cases statutes may contain a lot of words and it may embody ambiguous
words, words that are capable of two meanings, phrases containing the same
words but having different meanings according to the context so this is where
statutory interpretation comes into operation. Statutory interpretation is
explaining of words or phrases in a statutory instrument by the court. This
comes into operation where there is a disagreement concerning the meaning
of words or phrases in an instrument, In their task of interpreting statutes the
courts are guided by certain rules maxims and presumptions

Legal communication in the form of statutes raises particular difficulties such

as
1.Statutes tend to be complex, long worded documents usually drafted in a
mixture of ordinary and technical jargon, at the end of long process in
parliament that may have prompted one or both sides to make difficult
compromises that (militate, forces, influence) against simplicity and clarity of
expression
2.It is always possible that a statute will contain words or phrases that are
ambiguous or omissions that bring about a lack of clarity in a section of the
statute.
3.The fact that statutes reflect attempt to provide solutions to problems
affecting divergent interest in society is the most glaring problem. This has the
ultimate result that when lawyers are before a judge they will try to convince
him to adopt a meaning of a section that best suits the interest of their clients
and this may not always be the best thing.
Interpretation of statutes is done by the judicial officers such as magistrates
and judges, when they interpret (the courts) they do not have the authority to
question the appropriateness of the laws made by the legislature. The court
must find the and give effect to the intention of the legislature even though
doing so may result in injustice or unreasonableness in a particular case.
When the court has a choice between two possible interpretations, the court
may choose the interpretation that does not lead to unreasonable and unjust
consequences with the presumption that the legislature does not intend to be
unreasonable. Any law that is in conflict with any of the constitution may be
declared unconstitutional and therefore invalid. In all other court will not
normally give effect to this unexpressed intention

cases the court must faithfully interpret the law so as to give effect to the
intention of the legislature as expressed by the words used in the statutory
provision. The court will however not give effect to the unexpressed intention
of the legislature as this would also amount to ursupation of the function of
the legislature. If the legislature intended to say something but then ommitted
to express it then the court will not normally give effect to this unexpressed
intention

ASSIGNMENT 2
What are the internal and external aids to the interpretation of statutes ?