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Court cites this SCA decision for the principle that motive to discriminate is irrelevant when assessing the impact of discriminatory laws and practices.
Court applies the interpretation that the causal connection test should first examine whether, having regard to all circumstances, the dispossession is…
Court applies the principle that clear and unambiguous statutory words should be read in the light of the subject-matter and context, adopting the emerging…
Court applies the principle that the proper construction of a statute enacted to give content to a constitutional right or obligation is itself a…
Court cites this case for the principle that statutory provisions should not be interpreted through blinkered peering at isolated provisions but must be read…
Court applies the principle that when dealing with indirect discrimination, what is important is the impact of the legislation and practices of the state on…
Cited for the use of contextual analysis as an aid to proper understanding of legal provisions.
Cited for the principle that the Constitution and other statutory provisions must be interpreted purposively.
Applied the purposive interpretive approach laid down for remedial legislation umbilically linked to the Constitution, requiring a generous construction to…
Court applies the Constitutional Court's guidance on the approach to be followed when interpreting the Restitution Act, emphasising its remedial nature and…
Followed for the proposition that ESTA is remedial legislation umbilically linked to the Constitution.
Court applies the principle that context includes the social and historical background of the legislation when interpreting statutory provisions.
Court applies the characterization of a land claim as having a reparative and restitutionary character to remedy historic hurt, indignity and injustice of…
Cited for the proposition that interpretation of legislation enacted to give effect to the Constitution gives rise to constitutional issues.
The court applied the acid test established in Goedgelegen that a community must derive its use and possession of land from common rules for purposes of land…
Cited for the principle that legislation should be interpreted purposively, paying due attention to the social and historical background of the legislation.
Applied for the principle that the Constitution must be interpreted purposively.
Applied for the principle that context includes other relevant provisions of a statute which may reveal the purpose of the interpreted section.
Applied to emphasise purposive interpretation of remedial legislation and section 39(2) of the Constitution.
Applied for the approach to purposive interpretation of remedial legislation; the court is obliged to scrutinise the purpose and to seek to promote the spirit,…
Cited for the principle that context includes the social and historical background of legislation.
Cited for the proposition that statutory provisions must always be interpreted purposively.
Cited for the principle that the meaning of legislative provisions must pay due regard to context, including the social and historical background of…
Cited for the principle that statutory interpretation must consider the provision within the context of related provisions and the statute as a whole,…
Cited for the stated purpose of the Restitution Act to provide restitution and equitable redress to victims of racial dispossession of land rights after 1913,…
Cited for the remedial powers of the LCC under s 35 of the Restitution Act.
Cited to support the principle that remedial land reform legislation must be given a generous purposive interpretation to afford claimants the fullest…
Cited for the principle that section 39(2) of the Constitution requires a generous construction to afford claimants fullest protection of constitutional…
Cited for the principle that the Constitution provides the backdrop when interpreting statutes.
Cited for the principle that interpretation and enforcement of constitutional provisions raises a constitutional matter.
Court applies the principle that labour tenancy is an individualised transaction between two individuals rather than between a landlord and a community or…
Cited for the principle that interpretation requires understanding a provision within the context of the statute as a whole including its underlying values.
Cited for the principle that the construction of provisions of operative domestic legislation consistent with the Constitution raises a constitutional issue.
The Court cites Goedgelegen Tropical Fruits regarding the need to promote the spirit, purport, and objects of the Bill of Rights through a generous…
Cited for the proposition that labour tenants' rights were not merely economic but had cultural and spiritual dimensions, involving family connections to land…
Cited for the principle that a contextual approach requires legislative provisions be interpreted in light of the text of the legislation as a whole.
Cited in support of the principle that the Restitution Act gives effect to constitutional land restitution and reform required by section 25 of the…
Cited (in Makgoka JA's dissent) for the observation that it is helpful to pay due attention to the social and historical background of legislation when…
Followed for the principle that the definition of 'right in land' must be given a broad meaning in accordance with the remedial purpose of the Act.
Cited for the proposition that an interpretation or application of the Restitution Act that precludes members of a family from claiming restitution would strip…
Applied the Constitutional Court's test that labour tenancy arises from an individualized contract rather than communal occupation, and that the acid test is…
Court applies the purposive approach to interpreting remedial legislation umbilically linked to the Constitution, emphasising at para 53 that a generous…
The court applies Goedgelegen's principle that when interpreting legislation under section 39(2) of the Constitution, courts must prefer a generous…
Cited to emphasise the cultural and spiritual dimension of labour tenant rights, including family connection and ancestral ties to the land which exceed mere…
Applied to identify the requirements for a valid claim for compensation under the Restitution of Land Rights Act.
Cited for the interpretive principles applicable when construing a statutory provision.
Applied for the principle that labour tenancy arises from individualized contracts and does not sit well with commonly held occupancy rights, supporting the…
Cited to support the proposition that courts must prefer a generous construction over a textual one to afford fullest protection of constitutional guarantees.
Applied for the interpretive approach to remedial legislation umbilically linked to the Constitution, requiring a purposive and generous construction to afford…
Cited for the proposition that the interpretation of legislation giving effect to a provision in the Constitution is a constitutional issue.
The Court follows the Constitutional Court's guidance that ESTA is remedial legislation umbilically linked to the Constitution and must be interpreted in a…
Court cites this case as authority referred to in Klaase for the proposition that ESTA is remedial legislation umbilically linked to the Constitution.
Court applies the two-step method accepted in Khumalo, the Pointe Gourde principle adopted therein, and Meer J's recognition of the Act as introducing a scheme…
Court cites this case for the purposive interpretation of legislation.
Cited for the principle of purposive interpretation, identifying mischief, and paying attention to social and historical background of legislation.
Cited for the principle that provisions of the Bill of Rights must be read generously and purposively to afford right-holders the fullest protection; cited on…
Followed for the principle that ESTA is remedial legislation closely tied to the Constitution and must be construed to provide occupiers the fullest possible…
Cited for Moseneke DCJ's reference to legislation being 'umbilically linked to the Constitution'.
The Court applies Goedgelegen's approach to the scope of rights protected under section 2(1) of the Restitution Act, which go beyond orthodox common law…
The judgment applies the principle from this case that courts should adopt a generous construction to afford the fullest constitutional protection and that the…
Applied for the two-pronged test to determine whether a community exists and for the requirement that dispossession must be a reasonable consequence of…
Cited for the principle that legislation must be interpreted purposively.
The court followed Goedgelegen's approach that ESTA is remedial legislation requiring a generous construction to afford occupiers the fullest possible…
Cited for the principle that statutory meaning must pay due regard to context even when the ordinary meaning is clear and unambiguous.
Cited to establish that a constitutional issue is raised concerning the interpretation and application of the Restitution of Land Rights Act.
Cited for the principle that reading the text of a provision contextually includes the internal and statutory context.