Judgment No. CCZ 6/2015 7 Const Application No. 02/14 “According to the ‘golden rule’ of interpretation, the language in the document is to be given its grammatical and ordinary meaning, unless this would result in some absurdity, or some repugnancy or inconsistency with the rest of the instrument” (my emphasis) In his book ‘Principles of Legal Interpretation - Statutes, Contracts and Wills’ 1st Ed. At page 57, E A Kellaway echoes this statement as follows: “The dominating Roman-Dutch law principle is that an interpretation which creates an absurdity is not acceptable (that is ‘interpretatio quae parit absurdum, not est admittenda)” (See among other authorities, Exparte Fourie 1962 (3) SA 614 (O); S v Nyathi 1978 (2) SA 20 (B) and Canca V Mount Free Municipality 1984 (2) SA 870 (TK) 833) The learned author, at page 62, further states: “Even if a (South African) court comes to the conclusion that the language is clear and unambiguous, it is entitled to reject the purely literal meaning if it is apparent from the anomalies which flow therefrom that the literal meaning could not have been intended by the legislature” (my emphasis) Apposite to the circumstances of this case, the learned author, after considering a number of authorities, makes the following remarks at page 61: “While it is not permissible to speculate as to the purpose of an enactment, the legislative purpose may be sought from the subject matter of the Act, the enacting clauses in the whole enactment, the state of the law before the enactment was passed and the surrounding circumstances” See Hunter v R 1907 TS 910; Dadoo Ltd v Krugersdorp Municipal Council 1920 AD 530; (my emphasis), And lastly at page 293, in reference to the maxim “in pari materia” the learned author states: “According to Roman-Dutch law, a later enactment not clear as to its meaning, which has analogous provisions with regard to, or clauses corresponding with, an earlier enactment, and particularly where the later enactment deals with the same subject matter, should, where feasible, be so interpreted that both provisions cohere, so that the contents of the earlier one can throw light on the later, unclear provision” (See among other authorities, Brink v Alfred McAlpine & Sons South Coast Regional Rent Board, 1971 (1) SA 741 (A); Durban City Council v Shell and BP SA Petroleum Refineries (PTY) Ltd 1971 (4) SA 466)