Related documents
- Is amended by Interpretation of Laws Amendment Proclamation, 1926
- Is amended by Interpretation of Laws Proclamation, 1920, Amendment Ordinance, 1961
- Is amended by Proclamation 28 of 1923
- Is amended by South West Africa Native Affairs Administration Ordinance, 1955
Interpretation of Laws Proclamation, 1920
Proclamation 37 of 1920
- Published in Official Gazette 35 on 1 September 1920
- Assented to on 7 August 1920
- Commenced on 1 September 1920
- [This is the version of this document from 30 June 1961 and includes any amendments published up to 6 December 2024.]
- [Amended by Proclamation 28 of 1923 (Proclamation 28 of 1923) on 1 October 1923]
- [Amended by Interpretation of Laws Amendment Proclamation, 1926 (Proclamation 11 of 1926) on 16 August 1926]
- [Amended by South West Africa Native Affairs Administration Ordinance, 1955 (Ordinance 4 of 1955) on 1 April 1955]
- [Amended by Interpretation of Laws Proclamation, 1920, Amendment Ordinance, 1961 (Ordinance 19 of 1961) on 30 June 1961]
1.
In the interpretation of every law (as in this Proclamation defined) now or hereafter in force in the Protectorate or in any portion thereof, and in the interpretation of all bye-laws, rules, regulations, or orders made under the authority of any such law, the definitions and other provisions in this Proclamation contained shall, unless there be something in the language or context of the law, bye-law, rule, regulation or order, repugnant to such definitions or provisions, or unless the contrary intention therein appear, be adopted and applied.2.
The following expressions shall, unless the context otherwise requires or unless in the case of any law it is otherwise provided therein, have the meanings hereby respectively assigned to them, namely:-[definition of “Administrator” deleted by Proc. 11 of 1926]“christian name” shall mean any name prefixed to the surname, whether received at Christian baptism or not;[The word “christian” in the term “christian name” is not capitalised in the Official Gazette.]“district” shall mean the area subject to the jurisdiction of the court of any magistrate;“Gazette” shall mean the Official Gazette of the Protectorate;“Governor-General” shall mean the officer for the time being administering the government of the Union of South Africa acting by and with the advice of the Executive Council thereof;“law” shall mean and include any law, proclamation or other enactment having the force of law;“month” shall mean a calendar month;“oath” and “affidavit” shall, in the case of persons allowed by law to affirm or declare instead of swearing, include affirmation and declaration, and the expression “swear” shall, in the like case, include “affirm” and “declare”;“Parliament” shall mean the Parliament of the Union of South Africa;“person” shall include -“1. In the interpretation of every proclamation of the Administrator or ordinance made by the Legislative Assembly now or hereafter in force in the Territory or in any portion thereof, and in the interpretation of all bye-laws, rules, regulations or orders made under the authority of any such proclamation or ordinance, the following expressions shall have the meanings hereby respectively assigned to them, unless there be something in the language or context of the proclamation, ordinance, bye-law, rule, regulation or order, repugnant to such meanings, or unless the contrary intention therein appear-
‘The Administration’ or ‘This Administration’ shall mean the Administration of the Mandated Territory of South West Africa;
‘Administrator’, when used in relation to the administration of those matters in respect of which it is for the time being competent for the Legislative Assembly for the Territory to make ordinances, shall mean the Administrator of the Territory-in-Executive Committee, and when used in relation to the administration of any other matters, shall mean the Administrator of the Territory;
‘The Territory’ or ‘This Territory’ shall mean the Mandated Territory of South West Africa.”]
3.
In every law, expressions relating to writing shall, unless the contrary intention appears, be construed as including also references to typewriting, lithography, photography, and all other modes of representing or reproducing words in a visible form.4.
When any particular number of days is prescribed for the doing of any act, or for any other purpose, the same shall be reckoned exclusively of the first and inclusively of the last day, unless the last day shall happen to fall on a Sunday or on any other day appointed by or under the authority of a law as a public holiday, in which case the time shall be reckoned exclusively of the first day and exclusively also of every such Sunday or public holiday.5.
In the measurement of any distance for the purpose of any law, that distance shall, unless the contrary intention appears, be measured in a straight line on a horizontal plane.6.
In every law, unless the contrary intention appears7.
Where any law authorizes or requires any document to be served by post, whether the expression “serve” or “give” or “send”, or any other expression is used, then, unless the contrary intention appears, the service shall be deemed to be effected by properly addressing, prepaying, and posting a registered letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.8.
In every law unless the contrary intention appears, the expression “rules of court”, when used in relation toany court, shall mean rules made by the authority having for the time being power to make rules or orders regulating the practice and procedure of that court.The powers of the said authority to make rules of court, as above defined, shall include a power to make rules of court for the purpose of any law directing or authorizing anything to be done by rules of court.8bis. Criminal proceedings may be instituted in the name of the State
Any criminal proceedings given as instituted in the name of the State shall for all purposes be deemed to have been instituted in the name of the Republic of South Africa.[Section 8bis is inserted by Ord. 19 of 1961. This is the only section of Proclamation 47 of 1920 which has been given a heading.]9.
10.
Where an act or omission constitutes an offence under two or more statutes or is an offence against a statute and at common law, the offender shall, unless the contrary intention appears, be liable to be prosecuted, and punished under either statute, or (as the case may be) under the statute or the common law, but he shall not be liable to more than one punishment for the act or omission constituting the offence.11.
12.
13.
When any act, matter or thing is by law directed or authorised to be done by the Governor-General, the Minister or by the Administrator, or by any public officer, the notification that such act, matter, or thing has been done, may unless a specified instrument or method is by that law prescribed for the notification, be by notice in the Gazette.[Section 13 is amended by Ord. 4 of 1955 to insert the term “the Minister”, with “Minister” being defined in section 1 of that Ordinance as “the Minister of Native Affairs of the Union of South Africa”. The Bantu Laws Amendment Act 42 of 1964 (RSA GG 801), brought into force on 1 January 1965 by RSA Proc. 339/1964 (RSA GG 967) and read together with section 16(1) of the Native Laws Amendment Act 46 of 1962 (RSA GG 240), provided that any reference to the Minister of Native Affairs shall be substituted by a reference to the Minister of Bantu Administration and Development. The Native Laws Amendment Proclamation, AG 3 of 1979(OG 3898), which was deemed to have come into force in relevant part on 1 August 1978 in terms of section 5 of AG 3 of 1979, provided that references to the "Minister of Bantu Administration and Development" shall be substituted by the expression "Minister of Plural Relations and Development". The References to Plural Relations and Development Act 10 of 1979 (OG 4023), which came into force on 1 July 1979 (section 2 of Act 10 of 1979), provides that a reference in any law to the Minister of Plural Relations and Development shall be construed as a reference to the Minister of Co-operation and Development, without technically amending any laws.]14.
When any bye-law, regulation, rule or order is authorised by any law to be made by the Governor-General, the Minister, the Administrator, or by any local authority, public body, or person, with the approval of the Governor-General, the Minister, or the Administrator, such bye-law, regulation, rule, or order, shall, subject to the provisions relative to the force and effect thereof in any law, be published in the Gazette and production of a copy of the Gazette containing a notice of the making or approval (as the case may be) of the bye-law, regulation, rule, or order by the Governor-General, the Minister, or the Administrator shall be sufficient evidence of such making or approval.[Section 14 is amended by Ord. 4 of 1955 to insert the term “the Minister”. See the annotation note to section 13 on the interpretation of this term. ]This Proclamation may be cited for all purposes as “The Interpretation of Laws Proclamation, 1920”.GOD SAVE THE KING.Given under my hand at Windhuk this 7th day of August 1920.E. H. L. GORGESAdministrator.History of this document
30 June 1961 this version
01 April 1955
16 August 1926
01 October 1923
Amended by
Proclamation 28 of 1923
01 September 1920
Commenced
07 August 1920
Assented to
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