Judgment No. SC 54/2018 Case No. SC 228/14 Statutory Interpretation, at pp. 782-783. The maxim establishes the presumption that an enactment or delegated legislation is properly passed or correctly made, until the contrary is proved. As applied to the exercise of official or administrative functions, it must be presumed that the powers conferred will be fairly and reasonably administered and will not be abused. It is also apposite to heed the remarks of Murray CJ in R v Jeremiah 1956 (1) SA 8 (SR) at 11: “It might be contended, as counsel suggested, that the problem of dealing with these cases of unavoidable or justifiable 'standing or waiting' can be solved by relying on the discretion of the administrators of the bye-law to avoid the extreme and unreasonable results of a literal construction of the bye-law by refraining from enforcing it by prosecution in these cases of hardship. This has, however been decided in Amoils v Johannesburg City Council, 1943 T.P.D. 386 at p. 390, not to be the proper solution. The duty of the Court, according to that decision, is to endeavour, in its duty to give a benevolent interpretation to the bye-laws of a local authority by upholding them as far as is possible (vide Kruse v Johnson, supra; R v Pretoria Timber Co. (Pty.), Ltd., & Another, 1950 (3) SA 163 at p. 170 (A.D.)), to ascertain if there are not two reasonably possible interpretations of the bye-law. If there are two, and one of them produces, while the other avoids, unreasonable and harsh results, then the bye-law will be upheld by giving it the second construction. Needless to say, if the bye-law is incapable of any construction, other than that which produces unreasonable results, it cannot be saved and must be held to be ultra vires.” In the context of the broad powers of review exercisable by the courts, Bennion (op. cit.), at p. 144, opines that: “The operation of the doctrine of ultra vires is wider in relation to byelaws than statutory instruments. …. This is because in relation to byelaws the courts regard themselves as entitled to examine not only the scope of the power but the reasonableness of its exercise”. DISTRIBUTED BY VERITAS e-mail: veritas@mango.zw; website: www.veritaszim.net Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. 14