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Interpretation Act, 1957

Act 33 of 1957

Interpretation Act, 1957
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Act 33 of 1957
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South Africa

Interpretation Act, 1957

Act 33 of 1957

  1. [Amended by Interpretation Amendment Act, 1959 (Act 7 of 1959) on 23 October 1958]
  2. [Amended by Interpretation Amendment Act, 1961 (Act 45 of 1961) on 31 May 1961]
  3. [Amended by General Law Amendment Act, 1967 (Act 102 of 1967) on 21 June 1967]
  4. [Amended by General Law Amendment Act, 1973 (Act 62 of 1973) on 27 June 1973]
  5. [Amended by Interpretation Amendment Act, 1977 (Act 42 of 1977) on 13 April 1977]
  6. [Amended by Criminal Procedure Act, 1977 (Act 51 of 1977) on 22 July 1977]
  7. [Amended by Republic of South Africa Constitution Second Amendment Act, 1981 (Act 101 of 1981) on 6 November 1981]
  8. [Amended by Republic of South Africa Constitution Act, 1983 (Act 110 of 1983) on 3 September 1984]
  9. [Amended by Provincial Government Act, 1986 (Act 69 of 1986) on 1 July 1986]
  10. [Amended by General Law Third Amendment Act, 1993 (Act 129 of 1993) on 1 September 1993]
  11. [Amended by Constitution Consequential Amendments Act, 1993 (Act 201 of 1993) on 27 April 1994]
ACTTo consolidate the laws relating to the interpretation and the shortening of the language of statutes.(English text signed by the Governor-General.)
BE IT ENACTED by the Queen’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:—

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.

(1)Any person who—
(a)maliciously destroys or spoils the National Flag of the Republic as described in section 5; or
(b)commits any other act which is calculated to hold the National Flag of the Republic in contempt; or
(c)without being authorized thereto (the burden of proof of which shall be upon him) removes the National Flag of the Republic as so described from any place where it is displayed in terms of instructions or directions issued by any State authority, shall be guilty of an offence and liable on conviction to a fine not exceeding ten thousand rand or
imprisonment for a period not exceeding five years.
(2)If in any prosecution for an offence referred to in subsection (1) it is alleged that the flag in respect of which the offence is alleged to have beencommitted is or was the National Flag of the Republic as described in section 5, it shall be presumed unless the contrary is proved that the flag in question complies or, as the case may be, complied with the description of the National Flag in that section.[section 5A inserted by section 1 of Act 101 of 1981]

6. Gender and number

In every law, unless the contrary intention appears—
(a)words importing the masculine gender include females; and
(b)words in the singular number include the plural, and words in the plural number include the singular.

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

(1)In every law, unless the contrary intention appears, the expression "rules of court", when used in relation to any court, means rules made by the authority having for the time being power to make rules or orders regulating the practice and procedure of that court.
(2)The powers of the said authority to make rules of court, as defined in sub-section (1), shall include a power to make rules of court for the purpose of any law directing or authorizing anything to be done by 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

(1)When a law confers a power or imposes a duty then, unless the contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires.
(2)Where a law confers a power, jurisdiction or right, or imposes a duty on the holder of an office as such, then, unless the contrary intention appears, the power, jurisdiction or right may be exercised and the duty shall be performed from time to time by the holder for the time being of the office or by the person lawfully acting in the capacity of such holder.
(3)Where a law confers a power to make rules, regulations or by-laws, the power shall, unless the contrary intention appears, be construed as including a power exercisable in like manner and subject to the like consent and conditions (if any) to rescind, revoke, amend or vary the rules, regulations or by-laws.
(4)[subsection (4) amended by section 4 of Act 45 of 1961 and deleted by section 8(a) of Act 101 of 1981]
(5)Whenever the administration of any law or any provision of any law which confers a power or imposes a duty upon or entrusts a function to any Minister of State, member of the Executive Council of a province or other authority has under the Constitution been assigned by the President or the Premier of a province to any other Minister, member of such Executive Council or authority, as the case may be, that power may be exercised by such other Minister, member of the Executive Council or authority and that duty shall and that function may be performed by him, and—[introductory phrase of subsection (5) substituted by section 8(b) of Act 101 of 1981 and by section 5(a) of Act 201 of 1993]
(a)any reference in that law or provision to a department, including any division of any department or administration, administered by such firstmentioned Minister, member of the Executive Council or authority shall be construed as a reference to the department administered by such lastmentioned Minister, member of the Executive Council or authority;[paragraph (a) substituted by section 5(b) of Act 201 of 1993]
(b)any reference in that law or provision to an officer in the public service attached to such firstmentioned department or to any such officer holding a specified office in that department, shall be construed as a reference to an officer in the public service attached to such lastmentioned department or, as the case may be, as a reference to such an officer holding a corresponding office in that department;
(c)any power, duty or function vested in or imposed upon or entrusted to—
(i)an officer of such firstmentioned department who is then an officer of such lastmentioned department; or
(ii)the holder of a specified office in that department, by or under that law or provision, shall be deemed to have been duly vested in or imposed upon or entrusted to the officer concerned in his capacity as an officer of such lastmentioned department or, as the case may be, to the holder of a corresponding office in that department;
(d)any regulation made or any notice, direction or order issued or any appointment made or any action taken under that law or provision prior to the date on which the administration thereof was so assigned, shall remain in full force and effect as if it had been made, issued or taken by the person who on that date was, by virtue ofthe assignment of the administration of that law or provision or the provisions of this sub-section, competent to make such regulation or to issue such notice, direction or order or to make such appointment or to take such action.
[subsection (5) added by section 1 of Act 7 of 1959 and amended by section 4 of Act 45 of 1961 and by section 101(1) of Act 110 of 1983]
(5A)The provisions of subsection (5) shall apply in so far as the President or the Premier of a province does not determine otherwise in the assignment concerned and, if the administration of any law or a provision of any law has been assigned to any other Minister, member of the Executive Council of a province or authority as contemplated in that subsection, but in relation to a matter specified in the assignment, the provisions of that subsection shall apply accordingly.[subsection (5A) inserted by section 8(c) of Act 101 of 1981 and substituted by section 101(1) of Act 110 of 1983 and by section 5(c) of Act 201 of 1993]
(5B)[subsection (5B) inserted by section 101(1) of Act 110 of 1983 and deleted by section 5(d) of Act 201 of 1993]
(6)Where any provision in any law confers a power or imposes a duty or entrusts a function to any Minister of State or other authority and authorizes such Minister of State or authority to delegate the exercise or performance of such power, duty or function to any other person, such Minister of State or authority may delegate the exercise or performance of such power, duty or function to the holder of an office as such or to any particular person, and if the exercise or performance of such power, duty or function is delegated to the holder of any office, that power, duty or function may or shall, unless the contrary intention appears, be exercised or performed by the holder for the time being of the office or by the person lawfully acting in the capacity of such holder.[subsection (6) added by section 1 of Act 42 of 1977]

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

(1)Where a law repeals and re-enacts with or without modifications, any provision of a former law, references in any other law to the provision so repealed shall, unless the contrary intention appears, be construed as references to the provision so re-enacted.
(2)Where a law repeals any other law, then unless the contrary intention appears, the repeal shall not—
(a)revive anything not in force or existing at the time at which the repeal takes effect; or
(b)affect the previous operation of any law so repealed or anything duly done or suffered under the law so repealed; or
(c)affect any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or
(d)affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or
(e)affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as is in this sub-section mentioned,
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing law had not been passed.

13. Commencement of laws

(1)The expression "commencement" when used in any law and with reference thereto, means the day on which that law comes or came into operation, and that day shall, subject to the provisions of sub-section (2) and unless some other day is fixed by or under the law for the coming into operation thereof, be the day when the law was first published in the Gazette as a law.
(2)Where any law, or any order, warrant, scheme, letters patent, rules, regulations or by-laws made, granted or issued under the authority of a law, is expressed to come into operation on a particular day, it shall be construed as coming into operation immediately on the expiration of the previous day.
(3)If any Act provides that that Act shall come into operation on a date fixed by the President or the Premier of a province by proclamation in the Gazette, it shall be deemed that different dates may be so fixed in respect of different provisions of that Act.[subsection (3) added by section 10 of Act 129 of 1993 and substituted by section 6 of Act 201 of 1993]

14. Exercise of conferred powers between passing and commencement of a law

Where a law confers a power—
(a)to make any appointment; or
(b)to make, grant or issue any instrument, order, warrant, scheme, letters patent, rules, regulations or by-laws; or
(c)to give notices; or
(d)to prescribe forms ; or
(e)to do any other act or thing for the purpose of the law,
that power may, unless the contrary intention appears, be exercised at any time after the passing of the law so far as may be necessary for the purpose of bringing the law into operation at the commencement thereof: Provided that any instrument, order, warrant, scheme, letters patent, rules, regulations or by-laws made, granted or issued under such power shall not, unless the contrary intention appears in the law or the contrary is necessary for bringing the law into operation, come into operation until the law comes into operation.

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

(1)If the State President is satisfied that the publication of the Gazette cannot be effected or is likely to be seriously delayed as a result of circumstances beyond the control of the Government Printer, he may by proclamation published in the manner directed by him, make such rules as he may deem fit for the publication, during any period specified in the proclamation, of laws or notices required or authorized by law to be published in the Gazette.
(2)Any law or notice published in accordance with any rules so made, shall be deemed to have been published in the Gazette, and any law so published shall be deemed to have come into operation on the day on which it was first so published as a law, unless some other day is fixed by or under that law for the commencement thereof.
(3)The President may at any time vary or withdraw any proclamation referred to in subsection (1) by like proclamation.
(4)Any law or notice published in accordance with any rule made under subsection (1) shall, if it is then still in force, be published in the Gazette for general information as soon as publication of the Gazette can be effected.
(5)The provisions of subsection (4) shall not affect the validity of anything done under any rules made under subsection (1).
(6)The Premier of a province may exercise the President’s powers in terms of this section with reference to such province.[subsection (6) added by section 9(b) of Act 201 of 1993][section 16A inserted by section 13 of Act 102 of 1967 and amended by section 9(a) of Act 201 of 1993]

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

(1)Subject to the provisions of sub-section (2), the Interpretation Act, 1910, and the Interpretation Amendment Act, 1944, are hereby repealed.
(2)Any action taken under any provision of a law repealed by sub-section (1) shall be deemed to have been taken under the corresponding provision of this Act.

26. Short title

This Act shall be called the Interpretation Act, 1957.
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History of this document

27 April 1994 this version
01 September 1993
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01 July 1986
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03 September 1984
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06 November 1981
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22 July 1977
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13 April 1977
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27 June 1973
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21 June 1967
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31 May 1961
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23 October 1958
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24 May 1957
Published in Government Gazette 5876
Commenced
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16 May 1957
Assented to

Cited documents 1

Act
1
Constitution of the Republic of South Africa, 1996
Citizenship and Immigration · Education · Environment, Climate and Wildlife · Health and Food Safety · Human Rights · International Law · Labour and Employment · Public administration

Documents citing this one 332

Gazette
200
Judgment
120
Pharmaceutical Manufacturers Association of South Africa and Another: In re: Ex Parte: President of the Republic of South Africa and Others [2000] ZACC 1 (25 February 2000)
Reported
The applicant’s proclamation bringing an Act into force was reviewable and unlawful as objectively irrational without required regulatory schedules.
• Constitutional law – doctrine of legality – all public power must be exercised lawfully and rationally; common-law review principles subsumed under Constitution. • Constitutional jurisdiction – orders as to constitutional validity of any conduct of the President fall within s 172(2)(a) and require confirmation by the Constitutional Court. • Administrative/Executive action – presidential power to bring an Act into force is reviewable; political judgment is required but must meet objective rationality. • Statutory implementation – proclamation invalid where essential subordinate instruments (schedules/regulations) required for Act to operate were absent.
Sebola and Another v Standard Bank of South Africa Ltd and Another [2012] ZACC 11 (7 June 2012)
Reported
Section 129 requires consumers be made aware of default; posted notices need registered despatch and proof of delivery to post office.
National Credit Act — sections 129(1) and 130(1)(a) — meaning of "draw the default to the notice of the consumer" and "delivered" — interplay between sections 129 and 130 — statutory purpose to promote non‑litigious dispute resolution — proof required where notice posted: registered mail plus proof item reached intended post office (track‑and‑trace) ordinarily suffices; mere proof of posting insufficient — contested non‑receipt: court to adjudicate and may adjourn under s 130(4).
Madinda v Minister of Safety and Security, Republic of South Africa (153/2007) [2008] ZASCA 34 (28 March 2008)
Reported
Prospects of success are relevant to 'good cause' for condoning late statutory notice against an organ of state.
Prescription; Institution of Legal Proceedings against certain Organs of State Act 40 of 2002 s 3(1)-(4) — condonation for failure to give statutory notice — meaning of 'good cause' and relevance of prospects on the merits — distinction between delay causing failure and subsequent delay — 'unreasonable prejudice' as separate requirement.
Van Rooyen and Others v S and Others (General Council of Bar of South Africa intervening) [2002] ZACC 8 (11 June 2002)
Reported
Limits on statutory/regulatory powers over magistrates to protect institutional judicial independence.
Constitutional law — judicial independence — institutional independence of magistrates' courts — test: objective reasonable and informed observer — Magistrates Commission composition — permissible delegation and remedies — judicial discipline, promotions, transfers, remuneration and acting appointments — severance and prospective orders.
President of Republic of South Africa and Another v Hugo [1997] ZACC 4 (18 April 1997)
Reported
Presidential clemency powers are constitutionally reviewable; categorical remission for mothers was held not unfairly discriminatory on these facts.
Constitutional law — Presidential prerogative/clemency powers under s82(1)(k) — executive acts subject to Constitution and review — equality clause s8(2)/(4) — sex/gender discrimination by categorical remission to mothers — presumption of unfairness and its rebuttal — justification/limitations analysis under s33(1) — appropriate remedy.
Du Plessis and Others v De Klerk and Another [1996] ZACC 10 (15 May 1996)
Reported
The Constitution does not legalise pre-commencement defamatory publications; Chapter 3 generally binds the state and influences common law development.
Constitutional law – retrospectivity – the interim Constitution does not render unlawful pre-commencement conduct lawful; Fundamental rights (Chapter 3) – scope – Chapter 3 binds legislative and executive organs and applies to all law (including common law) but does not in general have direct horizontal application between private parties; Common law – courts must develop and apply common and customary law with due regard to the spirit, purport and objects of Chapter 3 (section 35(3)); Civil procedure – amendment of plea to invoke post-commencement constitutional defence excipiable where defence seeks to retroactively legalise prior unlawful conduct; Jurisdiction – referral under section 102(8) competent.
Johannesburg Society of Advocates and Another v Nthai and Others (879/2020; 880/2019) [2020] ZASCA 171 (15 December 2020)
Reported
A struck‑off advocate must prove complete reformation; Bars retain standing and interim enforcement needs exceptional circumstances.
Advocate readmission – onus on applicant previously struck off to demonstrate complete and permanent reformation; legal profession regulation – Advocates Act applies to pending readmission launched before LPA commencement; Bars and national Bar retain standing as custodes morum to intervene; medical evidence must establish causal nexus to mitigate deliberate dishonesty; s18 enforcement pending appeal requires truly exceptional circumstances.
Western Cape Provincial Government and Others intervening ; In Re: DVB Behuising (Pty) Limited v North West Provincial Government and Another [2000] ZACC 2 (2 March 2000)
Reported
Whether a province may repeal apartheid-era township tenure and deeds‑registration provisions.
Constitutional law — assignment under interim Constitution s235(8); provincial legislative competence — Schedule 6 functional areas; section 126(3) national exclusivity — matters requiring uniform national regulation (deeds registration and land‑tenure reform); interaction with Upgrading of Land Tenure Rights Act and Deeds Registries Act; confirmation under s172(2)(a).
MEC for Education in Gauteng Province and Other v Governing Body of Rivonia Primary School and Others [2013] ZACC 34 (3 October 2013)
Reported
Whether a provincial Head of Department may override a school’s admission capacity and must act fairly.
Education law – admissions and school capacity; Schools Act s 5(5), s 5A and ss 5(7)–(9); provincial regulations – HOD power to confirm or set aside principal refusals; interaction between governing-body admission policies and provincial authority; administrative law – requirement that departures from school policy be reasonable and procedurally fair; cooperative governance and best interests of the child.
Zantsi v Council of State, Ciskei and Others [1995] ZACC 9 (22 September 1995)
Reported
Provincial courts cannot review Acts of Parliament; they may review former TBVC laws applicable within their area.
Constitutional jurisdiction — sections 98(2)(c) and 98(3) — exclusive jurisdiction of Constitutional Court to review Acts of Parliament irrespective of when passed; section 101(3)(c) — provincial/local divisions may review laws other than Acts of Parliament; section 102(8) referrals permissible only in exceptional public‑interest cases; former TBVC laws are not Acts of Parliament.
Act
9
Criminal Procedure Act, 1977
Dispute Resolution and Mediation · Peace and Security
Banks Act, 1990
Finance and Money
Merchant Shipping Act, 1951
Business, Trade and Industry · Infrastructure and Transportation · Labour and Employment
National Environmental Management: Waste Act, 2008
Energy and Natural Resources · Environment, Climate and Wildlife · Health and Food Safety
Minerals Act, 1991
Energy and Natural Resources · Environment, Climate and Wildlife
Financial Sector Regulation Act, 2017
Finance and Money
Gauteng Liquor Act
Business, Trade and Industry · Health and Food Safety
Housing Consumer Protection Act, 2024
Uncommenced
Business, Trade and Industry · Dispute Resolution and Mediation · Finance and Money · Infrastructure and Transportation · Public administration
Eastern Cape Liquor Authority Act, 2018
Uncommenced
Business, Trade and Industry
Government Notice
2
Firearms Control Regulations, 2004
Peace and Security
Regulations relating to the Protection of Personal Information, 2018
Business, Trade and Industry · Environment, Climate and Wildlife · Health and Food Safety · Human Rights
Journal
1
Contemporary Labour Law Vol.18 No.9
Labour Law — Journals