Please enable JavaScript.

Coggle requires JavaScript to display documents.

Dissertation, Status of VCLT in SA law, Constitutional inp[erative to…

- - - - Nature
        
        Leglisation
        
        State contract
    - - S108 of the Income Tax Act.
- - - - Golden rule
        Grey v Pearson 184360 All ER Rep 21 (HL) 36.
        Lord Wensleydale's dictum is a classical exposition: "[T]he grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity, or some repugnance or inconsistency with the rest of the instrument, in which case the
        grammatical and ordinary sense of the words may be modified, so as to avoid the absurdity and inconsistency, but no farther.
      - Literalism
      - Intentioanlism
      - Literal cum intentionalist
    - - Language in context
      - The broader context (history)
      - The meaning of the maxim Ex Visceribus Actus is that every part of the statute must be construed within the four corners of the Act
    - - Mischeif rule
      - Purposive approach
      - Telelogical approach.
  - - - Context includes - (Commissioner,
        South African Revenue Service v United Manganese of Kalahari (Pty) Ltd ommissioner,
        South African Revenue Service v United Manganese of Kalahari (Pty) Ltd
        
        the constitutional imperative of interpretation in accordance with the spirit, purpose and objects of the Bill
        
        the entire enactment;
        
        reports of a commission of enquiry or a specialised drafting committee that gave rise to the legislation concerned;
        
        the legislative history;
        
        the general factual background to the statute,including the concerns and areas it seeks to address.
  - - - Daikin
        
        Davs
      - Telkom
      - Other case.
- - - - Primary question
        
        Other Questions