INTERPRETATION ACT [Chapter 1:01] (as amended 1st March 2005)
(a) the application may be made to a judge,
magistrate or other judicial officer of the
court if rules of the court so provide; and
taking into account its context in the
enactment and the purpose or object
underlying the enactment; or
(b) the application may be made in any
appropriate form, whether by way of action, application or otherwise, permitted
by rules of the court.
(b) determining the meaning of the provision when⎯
(i) the provision is ambiguous or
obscure; or
(Subsection as substituted by s. 2 of Act 12/1997)
(ii) the ordinary meaning conveyed by the text of the provision taking into account its
context in the enactment and
the purpose or object underlying the enactment leads to a
result that is manifestly absurd or unreasonable.
(2) Any reference in an enactment to a petition to a court shall be construed as a reference
to an application to the court or to a judge,
magistrate or other judicial officer of the court,
made in accordance with rules of the court.
(3) Where an enactment requires or permits
anything to be done by way of action in a
court, the thing may be done by any appropriate form of proceeding permitted by rules of
the court.
(2) The following material may be used
for the purposes of subsection (1)⎯
(a) the material referred to in section
seven;
(Subsection inserted by s. 2 of Act 12/1997)
(b) any relevant report of a commission
of inquiry appointed in terms of the
Commissions of Inquiry Act [Chapter
10:07], or the Law Development
Commission established in terms of
the Law Development Commission
Act [Chapter 1:02], or any relevant
report of a committee of inquiry or
other similar body that was laid before Parliament before the time when
the provision was enacted;
15A References to things done by
notice in the Gazette or by
statutory instrument
Where an enactment requires or permits anything to be done⎯
(a) by notice in the Gazette, the thing may be
done by statutory instrument published as
a supplement to the Gazette;
(b) by statutory instrument, the instrument
may be published as a notice in the Gazette rather than as a supplement to the
Gazette.
(c) any relevant report of a committee of
Parliament that was made to Parliament before the time when the provision was enacted;
(Section inserted by s. 2 of Act 12/1997)
15B Use of extrinsic material in the
interpretation of enactments
(1) Subject to subsection (3), in the interpretation of a provision of an enactment consideration may be given to the material referred to
in subsection (2) for the purpose of⎯
(a) confirming that the meaning of the
provision is the ordinary meaning
conveyed by the text of the provision
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(d) any treaty, convention or other international agreement that is referred to
in the enactment;
(e) any explanatory memorandum relating to the Bill containing the provision, or any other relevant document,
that was laid before or furnished to
members of Parliament by a Minister