South Africa
Interpretation Act, 1957
Act 33 of 1957
- Published in Government Gazette 5876 on 24 May 1957
- Assented to on 16 May 1957
- Commenced on 24 May 1957
- [This is the version of this document from 27 April 1994.]
- [Amended by Interpretation Amendment Act, 1959 (Act 7 of 1959) on 23 October 1958]
- [Amended by Interpretation Amendment Act, 1961 (Act 45 of 1961) on 31 May 1961]
- [Amended by General Law Amendment Act, 1967 (Act 102 of 1967) on 21 June 1967]
- [Amended by General Law Amendment Act, 1973 (Act 62 of 1973) on 27 June 1973]
- [Amended by Interpretation Amendment Act, 1977 (Act 42 of 1977) on 13 April 1977]
- [Amended by Criminal Procedure Act, 1977 (Act 51 of 1977) on 22 July 1977]
- [Amended by Republic of South Africa Constitution Second Amendment Act, 1981 (Act 101 of 1981) on 6 November 1981]
- [Amended by Republic of South Africa Constitution Act, 1983 (Act 110 of 1983) on 3 September 1984]
- [Amended by Provincial Government Act, 1986 (Act 69 of 1986) on 1 July 1986]
- [Amended by General Law Third Amendment Act, 1993 (Act 129 of 1993) on 1 September 1993]
- [Amended by Constitution Consequential Amendments Act, 1993 (Act 201 of 1993) on 27 April 1994]
Part I – General
1. Application of Act
The provisions of this Act shall apply to the interpretation of every law (as in this Act defined) in force, at or after the commencement of this Act, in the Republic or in any portion thereof, and to the interpretation of all by-laws, rules, regulations or orders made under the authority of any such law, unless there is something in the language or context of the law, by-law, rule, regulation or order repugnant to such provisions or unless the contrary intention appears therein.[section 1 amended by section 1 of Act 45 of 1961]2. Definitions
The following words and expressions shall, unless the context otherwise requires or unless in the case of any law it is otherwise provided therein, have the meanings hereby assigned to them respectively, namely—"administrator" [definition of "administrator", previously "Administrator", amended by section 2(a) of Act 45 of 1961, substituted by section 22(1)(a) of Act 69 of 1986 and deleted by section 4(a) of Act 201 of 1993]"christian name" means any name prefixed to the surname, whether received at Christian baptism or not;"district" means the area subject to the jurisdiction of the court of any magistrate;"Gazette"—(a)in the case of laws, proclamations, regulations, notices or other documents published prior to the thirty-first day of May, 1910, and required under a law in force prior to that day to be published in the Gazette, means the Government Gazette of the Colony wherein that law was in force; and(b)in the case of laws, proclamations, regulations, notices or other documents published after the thirty-first day of May, 1910, and required under any law to be published in the Gazette, means the Government Gazette of the Republic or, if the matter is one entrusted to a provincial council under the Republic of South Africa Constitution Act, 1961, means the Official Gazette of the province concerned;[paragraph (b) amended by section 2(b) of Act 45 of 1961](c)in the case of laws, proclamations, regulations, notices or other documents published after the date of commencement of the Constitution and required under any law to be published in the Gazette or the Provincial Gazette or any other official Gazette, means the Government Gazette of the Republic or the relevant Provincial Gazette, according to whether the administration of the law concerned or, as the case may be, the law conferring the power to make or issue such a proclamation, regulation, notice or other document, vests in, or in a functionary of, the national government or a provincial government;[paragraph (c) added by section 4(b) of Act 201 of 1993]"Governor-General" means the State President as defined in this section;[definition of "Govenor-General" amended by section 2(c) of Act 45 of 1961 and substituted by section 4(c) of Act 201 of 1993]"law" means any law, proclamation, ordinance, Act of Parliament or other enactment having the force of law;"month" means a calendar month;"oath" and "affidavit", in the case of persons allowed by law to affirm or declare instead of swearing, include affirmation and declaration, and "swear", in such case, includes "affirm" and "declare";"Parliament" means the Parliament of the Republic;[definition of "Parliament" amended by section 2(d) of Act 45 of 1961]"person" includes—(a)any divisional council, municipal council, village management board, or like authority;(b)any company incorporated or registered as such under any law;(c)any body of persons corporate or unincorporate;“Premier", with reference to a province, means the Premier of that province, including any acting Premier, acting in terms of the Constitution;[definition of "premier" inserted by section 4(d) of Act 201 of 1993]"President" means the President of the Republic, including any acting President, acting in terms of the Constitution;[definition of "President" inserted by section 4(d) of Act 201 of 1993]"province" —(a)in the case of a law referred to in section 229 of the Constitution, means a province of the Republic as it existed immediately before the commencement of the Constitution;(b)in the case of a law passed or made after the commencement of the Constitution, or passed or made before such commencement, but with reference to the Constitution, means a province of the Republic referred to in section 124(1) of the Constitution;[definition of "province" amended by section 2(e) of Act 45 of 1961 and substituted by section 4(e) of Act 201 of 1993]"provincial council" [definition of "provincial council" amended by section 2(f) of Act 45 of 1961 and deleted by section 4(f) of Act 201 of 1993]"State President" means, subject to section 232(1)(c) of the Constitution, the President or the Premier of a province;[definition of "State President" inserted by section 2(g) of Act 45 of 1961 and substituted by section 4(g) of Act 201 of 1993]“the Constitution" means the Constitution of the Republic of South Africa, 1993;[definition of "the Constitution" inserted by section 4(h) of Act 201 of 1993]"the Republic" means, subject to section 232(1)(a) of the Constitution, the territorial limits of the Republic of South Africa referred to in section 1 of the Constitution;[definition of "the Republic" inserted by section 2(h) of Act 45 of 1961 and substituted by section 4(i) of Act 201 of 1993]"the Union" means the Republic;[definition of "the Union" amended by section 2(i) of Act 45 of 1961]3. Interpretation of expressions relating to writing
In every law expressions relating to writing shall, unless the contrary intention appears, be construed as including also references to typewriting, lithography, photography and all other modes of representing or reproducing words in visible form.4. Reckoning of number of days
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 on any public holiday, in which case the time shall be reckoned exclusively of the first day and exclusively also of every such Sunday or public holiday.5. Measurement of distance
In the measurement of any distance for the purpose of any law, that distance shall, unless the contrary intention appears, be measured in a straight line on a horizontal plane.5A. Offences in respect of National Flag.
6. Gender and number
In every law, unless the contrary intention appears—7. Meaning of service by post
Where any law authorizes or requires any document to be served by post, whether the expression "serve", or "give", or "send", or any other expression is used, then, unless the contrary intention appears, the service shall be deemed to be effected by properly addressing, prepaying, and posting a registered letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.8. Meaning of rules of court
9. ***
[section 9 substituted by section 3 of Act 45 of 1961 and repealed by schedule 4 of Act 51 of 1977]10. Construction of provisions as to exercise of powers and performance of duties
11. Repeal and substitution
When a law repeals wholly or partially any former law and substitutes provisions for the law so repealed, the repealed law shall remain in force until the substituted provisions come into operation.12. Effect of repeal of a law
13. Commencement of laws
14. Exercise of conferred powers between passing and commencement of a law
Where a law confers a power—15. Notification in Gazette of official acts under authority of law
When any act, matter or thing is by any law directed or authorized to be done by the President or the Premier of a province, or by any Minister, or by any public officer, the notification that such act, matter or thing has been done may, unless a specified instrument or method is by that law prescribed for the notification, be by notice in the Gazette.[section 15 amended by section 5 of Act 45 of 1961 and substituted by section 7 of Act 201 of 1993]16. Certain enactments to be published in Gazette
When any by-law, regulation, rule or order is authorized by any law to be made by the President or a Minister or by the Premier of a province or a member of the Executive Council of a province or by any local authority, public body or person, with the approval of the President or a Minister, or of the Premier of a province or a member of the Executive Council of a province, such by-law, regulation, rule or order shall, subject to the provisions relative to the force and effect thereof in any law, be published in the Gazette.[section 16 amended by section 5 of Act 45 of 1961 and substituted by section 8 of Act 201 of 1993]16A. Promulgation and commencement of laws and publication of certain notices when publication of the Gazette impracticable
17. List of certain proclamations and notices to be submitted to Parliament and provincial legislatures
When the President, a Minister or the Premier or a member of the Executive Council of a province is by any law authorized to make rules or regulations for any purpose in such law stated, notwithstanding the provisions of any law to the contrary, a list of the proclamations, government notices and provincial notices under which such rules or regulations were published in the Gazette during the period covered in the list, stating in each case the number, date and title of the proclamation, government notice or provincial notice and the number and date of the Gazette in which it was published, shall be submitted to Parliament or the provincial legislature concerned, as the case may be, within fourteen days after the publication of the rules or regulations in the Gazette.[section 17 amended by section 5 of Act 45 of 1961 and substituted by section 13 of Act 62 of 1973, by section 22(1)(a) of Act 69 of 1986 and by section 10 of Act 201 of 1993]Part II – Special provisions applicable only to the Province of the Cape of Good Hope
18. Meaning of certain expressions in laws of colony of Cape of Good Hope
In the interpretation of any Act of Parliament, government notice, government advertisement, ordinance, placaat, proclamation, regulation or by-law made under the authority of any law, rule of court, or any enactment having the force of law, which came into operation in the colony of the Cape of Good Hope prior to the thirty-first day of May, 1910, the following expressions shall, unless the context otherwise requires and subject to the provisions of the Republic of South Africa Constitution Act, 1961, have the meanings hereby assigned to them respectively, namely—"Charter of Justice" means the Royal Letters Patent of His Majesty King William the Fourth, dated the fourth day of May, 1832, for the better and more effectual administration of justice;"Constitution Ordinance" means the ordinance enacted on the third day of April, 1852, by His Excellency the Governor of the Cape of Good Hope with the advice and consent of the Legislative Council thereof, for constituting a Parliament for the said colony;"division" or "fiscal division" means the area under the administration of a civil commissioner within the meaning of the relevant act, notice, advertisement, ordinance, placaat, proclamation, regulation, by-law, rule of court or enactment;"Governor" includes the officer who for the time being administered the Government of the colony of the Cape of Good Hope acting by and with the advice of the Executive Council thereof;"Order-in-Council" means any order made by the Governor (as in this section defined) with the advice of the Executive Council;"solemn declaration" means a declaration made under and by virtue of the provisions of the Oaths and Declarations Act, 1891, of the colony of the Cape of Good Hope.[section 18 amended by section 6 of Act 45 of 1961]Part III – Special provisions applicable only to the Province of the Transvaal
19. Meaning of certain expressions in laws of the South African Republic
In the interpretation of any law or resolution of the Volksraad of the late South African Republic the following expressions shall, unless otherwise expressly provided and subject to the provisions of the Republic of South Africa Constitution Act, 1961, or of any other law, have the meanings hereby assigned to them respectively, namely—"landdrost" means magistrate;"Publieke Aanklager" means the Attorney-General of the Transvaal or any person appointed to prosecute for or on behalf of the State;[definition of "Publieke Aanklager" amended by section 7(b) of Act 45 of 1961]"Staats Courant" means the Gazette;"Staats President" or any expression denoting the Head of the late South African Republic means the State President of the Republic;[definition of "Staats President" amended by section 7(c) of Act 45 of 1961]"Staats Procureur" means the Attorney-General of the Transvaal;"Staats Sekretaris" means the Minister of the Interior;"Zuid Afrikaansche Republiek", "Republiek", "Staat" or any like expression means the Transvaal,and when any act is required or authorized to be done by any such law or resolution or whenever any process is required to be taken out in the name and on behalf of the people of the South African Republic it shall be deemed to be required or authorized to be done or taken out in the name and on behalf of the State.[section 19 amended by section 7 of Act 45 of 1961]20. Meaning of expression Governor or Lieutenant-Governor in laws of the colony of Transvaal
In the interpretation of any law which came into operation in the colony of the Transvaal prior to the establishment of the Union, the expression "Governor" or "Lieutenant-Governor" includes the officer who for the time being administered the government of the said colony, acting (when by law required) by and with the advice of the Executive Council thereof.Part IV – Special provisions applicable only to the Province of the Orange Free State
21. Meaning of certain expressions in laws of the Orange Free State
Where, in any law of the late Orange Free State, the following expressions occur they shall, unless otherwise expressly provided and subject to the provisions of the South Africa Act, 1909, or of any other law, have the meanings hereby assigned to them respectively, namely—"Goevernements Sekretaris" means the Minister of the Interior;Tanddrost" means magistrate;"Oranje Vrystaat" or "Staat" means the province of the Orange Free State;"President" or "Staatspresident" means the State President of the Republic;[definition of "President" or "Staatspresident" amended by section 8 of Act 45 of 1961]"Raad" of "Volksraad" means Parliament;"Staatsprocureur" means the Attorney-General of the Orange Free State; '"Thesaurier-generaal" means the Minister of Finance;"Weesheer" means the Master of the Supreme Court (Orange Free State Provincial Division);"Wet boek" means the Law Book of the Orange Free State of 1891;"Zuid Afrikaansche Republiek" means the Transvaal.22. Meaning of expression Governor or Lieutenant-Governor in laws of Orange River Colony
In the interpretation of any law which came into operation in the Orange River Colony prior to the establishment of the Union, the expression "Governor" or "Lieutenant-Governor" includes the officer who for the time being administered the government of the said colony, acting (when by law required) by and with the advice of the Executive Council thereof.Part V – Special provisions applicable only to the Province of Natal
23. Meaning of expression Governor or Lieutenant-Governor in laws of Natal
In the interpretation of any law which came into operation in the Colony of Natal prior to the establishment of the Union, the expression "Governor" or "Lieutenant-Governor" includes the officer who for the time being administered the government of the said colony, acting (when by law required) by and with the advice of the Executive Council thereof.Part VI – Supplementary
24. Application to State
This Act shall bind the State.25. Repeal of Act 5 of 1910 and Act 5 of 1944
26. Short title
This Act shall be called the Interpretation Act, 1957.History of this document
27 April 1994 this version
01 September 1993
01 July 1986
Amended by
Provincial Government Act, 1986
Read this version
03 September 1984
06 November 1981
22 July 1977
Amended by
Criminal Procedure Act, 1977
Read this version
13 April 1977
27 June 1973
Amended by
General Law Amendment Act, 1973
Read this version
21 June 1967
Amended by
General Law Amendment Act, 1967
Read this version
31 May 1961
23 October 1958
24 May 1957
16 May 1957
Assented to
Documents citing this one 314
Gazette 192
Judgment 112
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