ASSIGNMENT 01

The Jaga v Dnges 1950 (4) SA 653 (A), which was delivered at the height of

apartheid, remains important for the interpretation of statutes after the democratic

transformation. Kindly read the case and answer the following questions.

(a) BRIEFLY PROVIDE facts of the Jaga case. (6)

(b) NAME AND DISCUSS the dominant interpretive approach before 1994 as followed

by the majority in Jaga; (14)

(c) NAME and DISCUSS the alternative interpretive approach as followed by the

minority in Jaga; (15)

(d) DISCUSS the effect of Section 39(2) of the Constitution and the new interpretive

approach followed in Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs

2004 (4) SA 490 (CC); (15)