The Interpretative approach adopted by South African Courts Essay

963 Words Feb 1st, 2014 4 Pages
1) INTRODUCTION:
The enactment of both interim and final Constitutions ushered in a new approach to statutory interpretation. In this essay I argue that the statement made by the court in Daniels v Campbell 2003 (9) BCLR 969 ( C ) at 985 is TRUE.
2) THE INTERPRETATIVE APPROACH ADOPTED BY SOUTH AFRICAN COURTS PRE- 1994:
Before 1994 South Africa was a country based on Apartheid rules and regulations. The Parliament was the highest legislative body and it interpreted laws as it pleased, mostly in favour of ‘white Christians’. Any other race or religion was treated in an unfair and sometimes inhumane way. These laws were mainly based on Roman-Dutch law and influenced by English law.
The Parliamentary Acts did not favour anyone but
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On 4 February 1997 the Constitution of the Republic of South Africa, 1996 came into operation (Here after referred to as The Constitution, 1996).
This meant that Parliamentary Sovereignty was replaced by a Constitutional Supremacy. A Supreme Constitution meant the highest law of the land.
From this day forward all nation including the parliament and Parliament Acts had to oblige to the Constitution. Any law, legislation, government or act in conflict with the Constitution will be disregarded and seen as invalid. This also meant that courts were no longer influenced by the government.

However all the changes Islam as a religion is quite complex when it comes to equal rights. As a man had more superior rights than a woman and was allowed to marry more than one wife . Polygamous marriages were still not seen as morally acceptable so the death of a spouse or the inheritance for a child from a polygamous marriage made things difficult .
However regarding case Daniels v Campbell on appeal to the Constitutional Court, Sachs J held that the word "spouse" in its ordinary meaning includes parties to a Muslim marriage. Accordingly, it was not necessary to read-in words into the Acts. This case already shows the immense change the Constitution brought forward.
The 5 techniques of interpretation by Du Plessis & Cordler (1994: 73-74) helped

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