Statutory Interpretation and Conflict Resolution (Chapter 5)

Flashcards cover core concepts from the chapter on finding the prevailing law: conflict avoidance schemes, harmonious interpretation, constitutional rules (sections 150, 146-149, 156), human rights and international law interactions, and key case law examples.

What is the primary question Chapter 5 addresses?

Whether the published statute prevails over conflicting laws and how to determine the prevailing statute.

Name the three conflict avoidance and resolution schemes discussed in the chapter.

Constitutional, common law, and statutory schemes.

What is the general feature shared by all conflict schemes?

An interpretive duty to reconcile minor differences through harmonious interpretation.

According to Section 150 of the Constitution, what should a court do when national and provincial legislation appear in conflict?

Prefer any reasonable interpretation that avoids the conflict (harmonious interpretation).

If no reasonable interpretation avoids conflict, which rules come into play?

The conflict resolution rules in sections 146–149 determine which statute prevails.

Under Section 146(5), which level prevails and what are the exceptions?

Provincial legislation prevails over national unless Sections 146(2) or 146(3) apply (uniform national policy; prevents unreasonable or prejudicial provincial laws).

What does Section 149 say about a non-prevailing law?

It becomes inoperative for as long as the conflict remains; it is not automatically invalid.

What does Section 156(3) provide about by-laws conflicting with national or provincial legislation?

Any by-law that conflicts with national or provincial legislation is invalid.

In Telkom SA SOC Limited v City of Cape Town, why did Section 156(3) not apply?

Because the national Act and the municipal by-law could be read together in harmony; there was no direct contradiction.

What does Section 39(2) require when interpreting legislation?

Courts must promote the spirit, purport and objects of the Bill of Rights.

What does Section 233 say about interpretation in relation to international law?

Prefer any reasonable interpretation of the legislation that is consistent with international law.

What does Section 232 say about customary international law?

Customary international law is law unless inconsistent with the Constitution or an Act of Parliament.

What does Section 231(4) say about international agreements becoming law?

Any international agreement becomes law when enacted by national legislation; self-executing agreements become law unless inconsistent with the Constitution or an Act of Parliament.

What is the general rule for conflicts between two statutes in the same sphere under common law?

The more recent law prevails (lex posterior derogat).

Name two mechanisms courts use to avoid conflicts through legislative provisions.

Interpretation injunctions and application provisions (e.g., ‘subject to’ provisions that limit scope).

What is a proviso in conflict resolution?

A qualification within a new provision that saves an existing rule (e.g., ‘subject to’ another provision).

What is an overriding provision?

An ‘in spite of’ or ‘notwithstanding’ clause that makes the new rule prevail over a competing rule.

What is a conflicts of laws schedule?

A schedule listing different conflict rules for different cases, showing which provision prevails in each scenario.

What does the doctrine of implied or tacit repeal (lex posterior) imply?

A later statute that is irreconcilable with an earlier one repeals the earlier by implication.

What does the Wendywood Developments case illustrate about reconciling laws?

Old and new laws can work together if they serve different purposes; they can be saved and applied together like puzzle pieces.

What does the Khumalo v Director-General Township Proclamation example illustrate?

A more specific earlier law can be treated as an exception to a later general rule; both can continue to apply if reconcilable.

What does Sasol Oil v Metcalfe say about PAJA vs ECA time limits?

PAJA (a quasi-constitutional measure) can prevail over older, more specific time limits when it codifies or restates the law; Rustenburg clarifies that such precedence is not absolute in all contexts.

What is the rule when conflicts occur between original and delegated legislation?

Original legislation prevails; regulations that contradict it are invalid (ultra vires).

What is Kalisa v Chairperson of the Refugee Appeal Board about?

Regulations cannot contradict the enabling statute; if they do, the regulations are invalid.

When two sections of the same statute conflict, which typically prevails?

Specific provisions prevail over general provisions (generalia specialibus non derogant).

What is the Telkom case’s key takeaway on section 156(3)?

There must be a real, mutually exclusive conflict for section 156(3) to apply; otherwise, national and municipal law can operate together harmoniously.

What is the overall takeaway of Chapter 5 regarding resolving conflicts in pari materia?

Always interpret to avoid conflict, reconcile where possible, and apply the appropriate prevailing rule based on the nature of the conflict (sphere, status, chronology).