Understanding Legislative Dimensions and Subordinate Regulations and Statutory Interpretation

Legislation is characterized by several distinct dimensions including language, context, and purpose.
In the practice of legal interpretation, the ordinary meaning of the language may predominate in some cases, while in other instances, the context becomes significantly more important.
There is a notable passage in the Harry Potter book series that serves as an example of the components of legislation.

The definition of national legislation is often not exhaustive.
The use of the word "includes" in legislative definitions indicates that the items listed are merely examples rather than a comprehensive or finite list.
Legislation is subject to the declaration that it is consistent with the Constitution. If legislation is inconsistent with the Constitution, it may be declared invalid.
The Mixed Marriages Act is a historical example of legislation that dictated that individuals of different races, specifically black and white people, could not marry each other. Such laws are analyzed based on their consistency with the current constitutional framework.
Laws belonging to former self-governing entities and the TBCC states, such as regulations from the Transkei, the Pukutat Swana, and the Pungwane, may still be enforced. This is true even though the specific governments of those territories no longer exist to enforce or implement them.

Original legislation exhibits specific characteristics, the third of which is that it is subject only to the Constitution.
Generally, an Act of Parliament cannot be invalidated based on its connection with or contradiction to another piece of legislation. It can only be invalidated if it conflicts with the Constitution.
Different categories of original legislation exist, including:
- Acts of Parliament.
- Legislation made by municipal councils at the local government level.
- Provincial legislation.

Subordinate legislation is the opposite of original legislation.
Original legislation often authorizes the executive branch to create rules or regulations.
These rules serve to "flesh out" the individual original legislation, essentially adding "flesh to the bones" of the statute.
Subordinate legislation is used to regulate very specific instances or details that are not explicitly covered in the original legislation itself.
Enabling legislation is the provisional or original legislation, such as the National Minimum Wage Act.
Subordinate legislation consists of the regulations made in terms of that specific Act.

Framework Consistency: Subordinate legislation must remain within the framework provided by the enabling (original) legislation. It may not go outside that framework and it may not conflict with the original legislation.
Repeal Effects: As a general rule, if the enabling provision (the original Act) is repealed, the subordinate legislation made under it will also fall away and cease to be in effect.
Exceptions to Repeal: A new Act may repeal an old Act but explicitly state that it replaces the old provisions while keeping the old regulations in place for the time being.
Amendment Effects: If original legislation is amended rather than fully repealed, it usually does not cause the entire body of subordinate legislation to fall away, as only certain provisions have been altered. However, it can affect existing regulations depending on the nature of the amendment.
Legislative Specification: When Parliament repeals or amends an existing Act, it typically specifies what will happen to the associated regulations. Many Acts contain wide authorizations for the executive to create subordinate laws.

Certain areas of regulation, such as fuel prices, are too dynamic to be fixed permanently in original legislation.
It is not feasible for a government to set a permanent specific price for fuel because the government does not have total control over it.
The cost of fuel is largely determined by the global economy and the price at which oil is supplied to the country by the rest of the world.
Because prices are not guaranteed and fluctuate based on international factors, regulations are used to manage these changes rather than static Acts of Parliament.

The Minister of Labor established the National Minimum Wage Regulations.
These regulations are contained within a schedule and are governed by Section $16$ of the National Minimum Wage Act.
Section $16$ defines the scope of the Minister's power. For instance, it determines whether the Minister has the power to set a maximum wage or if workers may not be paid more than a specific amount.

African customary law is a dynamic practice within particular communities.
There is a distinction between customary law as a living, evolving practice and the codified versions where important aspects of the law have been written into formal statutes.

Question: Does this constitute a comprehensive definition of national legislation? Is it an exhaustive definition? Why not?
Answer: It is not an exhaustive definition. The word "includes" indicates that the provided list is merely a set of examples.
Question: Is the old Mixed Marriages Act still in force?
Answer: It is subject to the declaration that legislation is inconsistent with the Constitution. Legislation like the Mixed Marriages Act, which prohibited marriage between black and white people, is examined through the lens of constitutional consistency.
Question: Why would setting a specific, fixed price for fuel in an Act of Parliament not be feasible?
Answer: The government does not control the fuel price independently. The global economy and international oil pricing play a large role in determining costs. Since values are not guaranteed, they cannot be fixed in primary legislation that is difficult to change quickly.