Ios2601 Assignment 2

IOS2601/101 3 Dear Student 1 INTRODUCTION We are pleased to welcome you to this module and hope that you will find it both interesting and rewarding. We shall do our best to make your study of this module successful. You will be well on your way to success if you start studying early in the semester and resolve to do the assignments properly. You will receive a number of tutorial letters during the year. A tutorial letter is our way of communicating with you about teaching, learning and assessment. This tutorial letter contains important information for this module. We urge you to read it carefully and to keep it at hand when working through the study material, preparing the assignments, preparing for the examination and addressing questions to your lecturers. In this tutorial letter (101), you will find the assignments and assessment criteria as well as instructions on the preparation and submission of the assignments. It also provides all the information that you need with regard to the prescribed study material and how to obtain them. Please study this information carefully and make sure that you obtain the prescribed material as soon as possible. We have also included certain general and administrative information about this module. Please study this section of the tutorial letter carefully. Right from the start we would like to point out that you must read all the tutorial letters you receive during the semester immediately and carefully, as they always contain important and, sometimes, urgent information. Please note that some of the study material may not have been available when you registered. This study material will be posted to you as soon as possible, but is also available on myUnisa.

IOS2601/2014 (b) Make use of the model introduction supplied below to get your essay started. 2.2 Feedback and suggested answer2.2.1 Introduction (1)In the Public Carriers Association judgment, the Appellate Division employed two different theories of statutory interpretation in order to arrive at a just conclusion. From the court’s judgment, it is evident that the orthodox text-based (literal) approach to statutory interpretation was more influential in assisting the court to reach a decision. However, post 1994 it has become apparent that the purposive approach to statutory interpretation (which is alluded to by the court in the Public Carriers Association judgment) has become more influential in the judgments of courts. In the following essay, I argue that in South Africa, the Constitution now prescribes the purposive (text-in-context) approach as the theoretical starting point for the interpretation of all statutes.


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