Module+Revision+law=+for+block+one=.pptx

Law notes

1. REVISION Theories of law, the Constitution, legislation and legal logic and argument

2. COMPOSITION/STRUCTURE Wednesday 22 nd May 2024 @ 08h00 – 09h30 (ensure that you're at the venue thirty minutes before the start of the test) Venue will be announced by the admin 20 marks 5 mark MCQ 5 mark short questions (name, list, define, state, explain, compare, briefly discuss) 10 mark discuss, critically explain, provide a legal opinion)

3. THEORIES OF LAW

4. THEORIES OF LAW

5. LEGISLATION: INTERPRETATION Policy considerations S v Makwanyane VJV and Another v Minister of Social Development and Another Carmichele v Minister of Safety and security

6. LEGISLATION

7. LEGISLATION Types of bill s 74, 75, 76 and 77 ~ The process of classifying a Bill into one of the four categories above is called "tagging". Bills are tagged by the Joint Tagging Mechanism (JTM), a Committee consisting of the Speaker and the Deputy Speaker of the National Assembly and the Chairperson and Permanent Deputy Chairperson of the National Council of Provinces. They are advised by the Parliamentary Law Adviser. Statute books ~ legislation is documented Passing of legislation ~ parliament at two levels of government does that (NA & NCOP) Judicial duty ~ apply/interpret and enforce it. Constitutional Test ~ ensure it complies with the values and principles enshrined in the CRSA

8. LEGISLATION S74 Bills amending the CRSA ~ Section 1 and 74 needs the National Assembly, with a supporting vote of at least 75 per cent of its members; and the National Council of Provinces, with a supporting vote of at least six provinces; Chapter 2 and any other Chapter in the CRSA needs the National Assembly, with a supporting vote of at least two thirds of its members and the National Council of Provinces, with a supporting vote of at least six provinces. S75 Ordinary Bills not affecting the provinces ~ Needs two-thirds in NA and must be referred to the NCOP, they may/not consider the NCOP amendments or rejection but may pass it with or without or just abandon the Bill. S76 Ordinary Bills affecting the provinces ~ The Bills are introduced in either the NA or NCOP and must be considered by both Houses with majority. In the NCOP, votes are by provincial delegations and at least five provinces should vote in favour of a Bill before it is agreed to. Bills are usually considered by a provincial committee, which may hold public hearings on the Bill for comments and suggestions. S77 Money Bills ~ They can only be introduced by the Minister of Finance in the National Assembly, but the amendment of the Acts can be introduced in the National Assembly (NA) or the National Council of Provinces (NCOP).

9. LEGISLATION S76 Ordinary Bills affecting the provinces ~ if rejected by the NCOP, the Mediation Committee will give recommendations, if accepted by the NA it assents the Bill with and if rejected then the Bill lapse or revote by two-thirds majority to pass it without amendments.

10. LEGISLATION Reading statute ~ Full citation/title thereafter use abbreviations or short title {i.e. Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998} Becomes Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 or PIE Act Prevailing legislation ~ National legislation trumps provincial legislation Three levels of government ~ All have power to make law {National legislation applies the whole country; Provincial applies to authorities, govt officials etc in that pronvince , such laws applies within such province,; same as Local/municipal govt has power to enact by-laws}

11. LEGISLATION: INTERPRETATION Constitutional Approach ~ advance, promote the Bill of Rights…s 39(2) Textual ~ wording of the language see preambles/aims and purpose of the legislation on what the legislation is trying to address. Contextual ~ relies on real-life circumstances and based on historical/political events; textual content of the whole legislation; commission reports 7 parliamentary debates.

12. LEGISLATION: INTERPRETATION Purposive ~ consider the social, political, or economic basis of the legislation {history or social issues would be what is considers for the law to serve a purpose} Grammatical ~ use of words in text and creating a point of departure. Systematic ~ reading of a whole legislation, preamble, aims purpose Teleological ~ similar to textual, ensuring the aims and purpose in the preamble are highlighted.

13. LEGISLATION: INTERPRETATION Historical ~ has basis in textual, but addressing history is a mitigating factor when interpreting {i.e. BEE Act/Employment Equity Act} Common law presumptions ~ see Mentjie -van der Walt textbook for examples. Comparative ~ may consider foreign law; but must consider international law.

14. Legal Logic Inductive reasoning Factual findings by the court Creditability (witness, expert evidence); Presumptions; Judicial notice Admitting circumstantial evidence Use of inferences Res ipsa loquitur The matter speaks for itself. Facts based on common sense. Common rules Legal rules are inferred in inductive process

15. Legal Logic Deductive reasoning General statements Does not have to be a known fact, as long as it could be proven A to prove B Causation, an act must cause an effect