IOS2601 Assignment 1 2024

Question 1

1. With specific reference to section 13(1) of the interpretation Act 33 of 1957,
what do you understand by the terms “adoption”, and “commencement” of
legislation?

In accordance with section 13(1) of the Interpretation Act, the term “commencement”
as used in any legislation denotes the moment when that legislation becomes
effective. This typically occurs on the day when the law is first published in the
Gazette unless specified otherwise. Section 13(2) clarifies that a “day” begins
immediately after the conclusion of the previous day, precisely at midnight (00:00).
Consequently, this arrangement allows for retroactive commencement, as the
legislation would have already been in effect for several hours by the time it is
published in the Gazette.

The adoption of legislation by the legislative body involves adhering to constitutionally
mandated and other legal procedures necessary for transforming draft legislation into
law. These procedures encompass drafting a bill, introducing it in the legislature,
facilitating public participation where mandated, engaging in committee deliberations,
conducting votes, and obtaining final assent.

Further guidance on the adoption process for Acts of Parliament and Provincial Acts
can be found in chapters 4 and 6 of the Constitution.