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The court applies the Constitutional Court's authoritative interpretation of the role of good faith in the law of contract, affirming that good faith is not a…
The court considers Comwezi for the principle that even in the absence of ambiguity, the conduct of parties in implementing an agreement may provide evidence…
The Supreme Court of Appeal granted leave to appeal after Vally J refused it. The SCA upheld the appeal with costs, finding that the subscription agreement,…
Applied to underscore that commercial contracts have a design and interpretation begins with the text, which has a gravitational pull, and context and purpose…
Cited for the court's discretion to entertain the merits of an appeal, even where the matter is moot, where a case poses a legal issue of importance for the…
Cited for the proposition that context and purpose may be used to elucidate the text but cannot displace the ordinary meaning of the express wording of a…
Cited as affirming the parol evidence rule that, save in exceptional circumstances such as fraud or duress, where parties have reduced their agreement to a…
Cited for the proposition that the court has a discretion to entertain the merits of an appeal even where the matter is moot, particularly where a case poses a…
Cited as affirming the parol evidence or integration rule and warning of the laxity with which some courts have permitted evidence of what a witness considers…
The court applies the Constitutional Court's clarification of the expansive approach to admissibility of extrinsic evidence of context and purpose for…
The court applies the unitary approach to contractual interpretation articulated in Endumeni, emphasising that interpretation is based on text, context, and…
Court applies the interpretive principle endorsed in this case regarding text, context and purpose in statutory interpretation.
Cited for the principle that the ordinary principles of interpretation must be applied in a coherent, not mechanical, fashion.
The court applies the approach from Capitec that the triad of text, context, and purpose should not be used mechanically but relationally to determine coherent…
The Court cites Capitec to emphasise that the triad of text, context and purpose should not be used mechanically, and that the inevitable starting point is the…
The court applied the Capitec Bank interpretation approach focussing on the purpose, language and context of a provision.
Court applied the triad of language, context, and purpose as the approach to interpreting the definition of 'registered in a township title' in the rates…
Cited for the principle regarding the admissibility of evidence of preceding negotiations in light of the integration rule.
Applied for the established triad of text, context and purpose when interpreting agreements including the arbitration agreement and AFSA rules.
Applied the established triad of language, context and purpose for statutory interpretation.
Court cites for the principle that interpretation is a unitary exercise involving text, context and purpose, not a mechanical application of a triad.
Court cites Capitec Bank for the principle that interpretation, while a unitary exercise of text, context and purpose, should not be mechanical and requires…
Court applies the principle that interpretation involves consideration of the relationship between words used, concepts expressed and the place of the…
This SCA decision affirmed Capitec's understanding that clause 8.3 of the subscription agreement was concerned with the consequences of Coral selling CPI…
Cited for the principle that the triad of text, context and purpose should not be used in a mechanical fashion and it is the relationship between the words,…
Cited by Unterhalter AJA for the proposition that interpretation is a unitary exercise involving text, context and purpose, not a mechanical process.
Applied to endorse and develop the Endumeni approach to statutory interpretation, emphasising the relationship between text, context, and purpose.
Cited to affirm the approach to statutory interpretation: interpretation begins with the text and its structure, and context and purpose may be used to…
Applied for the well-established trinity of language, context and purpose in the interpretative analysis of statutory provisions.
Cited for the essence of the unitary exercise of interpretation being the relationship between the words used, the concepts expressed, and the place of the…
Followed for the principle of unified statutory interpretation involving text, context, and purpose.
Applied to caution that evidence of subsequent conduct must not be harvested indiscriminately, but must be relevant to an objective determination of the…
Cited for the principle that interpretation begins with the text and its structure, that context is crucial, and that extraneous contextual factors can be used…
Court applies the principle that meaning is understood by understanding words in their larger structural, contextual and purposive context, not by partial…
Cited to explain that the triad of text, context and purpose in statutory interpretation should be used in a nuanced, not mechanical, fashion.
The court cites this case in support of the proposition that the interpretation of the Master Agreement is likely to benefit from the ventilation of relevant…
Applied for the caution against using Endumeni principles as an open-ended permission for undisciplined interpretations and emphasizing that interpretation…
Cited for the principle of unitary interpretation involving text, context, and purpose.
Court applies the interpretational principles regarding context and meaning, confirming the approach when context suggests appropriate meaning of language.
Applied to emphasize that the triad of text, context and purpose should not be used mechanically, and that the inevitable point of departure is the language of…
The Court applies the endorsement and elaboration of the Endumeni interpretative principles in Capitec, emphasising the relationship between words, concepts…
Applied for the principle that rules should be construed purposively.
Cited for the general principles of interpretation, including that wording of statutory provisions is vital in the process of interpretation.
Cited for the unitary approach to interpretation of valid contracts as enunciated in Endumeni.
Court applies the principle that interpretation begins with the text and its structure, which have a gravitational pull, and context and purpose may be used to…
Cited for the principle that interpretation of statutory provisions and contracts should focus on the relationship between words used, the concept expressed,…
Applied at para 84 for the principle that statutory interpretation is a unitary exercise considering text, context and purpose, and the relationship between…
Court cites this case which affirms that the Constitutional Court has rejected the idea of the plain meaning of text and its primacy, since words without…
The court applies the principles on contractual interpretation, emphasizing the relationship between words used, concepts expressed and the place of the…
Cited to describe the triad of text, context, and purpose in interpretation, and that the relationship between words used, concepts expressed, and the place of…
Applied to establish that context and purpose may be used to elucidate the text of a contract, but are not a licence to contend for meanings unmoored in the…
Applied for the principle that statutory interpretation is a unitary exercise considering text, context and purpose, with a sensible interpretation preferred…
Cited as authority for the contextual approach to interpretation.
Applied the principle that a contract cannot be read in isolation but must be interpreted in context and according to the language the parties used, to support…
The court cites this authority for the principle of holistic interpretation of contracts, namely simultaneously considering text, context and purpose.
Cited for the principle that the triad of text, context, and purpose in interpretation should not be used in a mechanical fashion.
Applied for the established principles of interpretation together with the Endumeni principles to interpret the Trust Deed and Will.
Court applies the approach to statutory interpretation expanding on Endumeni, emphasizing the relationship between words used, concepts expressed and the place…
Cited for the principle that words must be accorded their ordinary meaning in the context of the Act and having regard to its purpose.
The Court applied the caution from Capitec Bank that the triad of text, context and purpose should not be used in a mechanical fashion when interpreting the…
The court cites this case as an example affirming that text, context and purpose must be considered simultaneously when interpreting legislation.
Applied to caution that the triad of text, context and purpose should not be used mechanically, but rather the relationship between words, concepts and the…
The court cites this judgment for the settled principles of statutory interpretation.
Applied for the interpretive methodology (the triad of words, context, and purpose) to determine the proper interpretation of section 40(8) of the Legal…
The court applies the interpretative approach reaffirmed in Capitec to interpret sections 17(1) and 32(1)(a)(iv) of the VAT Act by considering language,…
Court applies the principle that the triad of text, context and purpose should not be used mechanically and that interpretation should not import meanings into…
Cited for the principle that the parol evidence rule requires that where parties reduce their agreement to writing and assent to it as complete, extrinsic…
Applied for the principle that interpretation of legislation must follow the triad of text, context and purpose.