Discuss and evaluate, in a paragraph of between 450-500 words, whether any of the different subjective theories to legal interpretation that you studied have (1) factually impacted and (2) should still impact legal interpretation in the South African legal context especially since the start of the democratic era. Motivate your answer throughout. Refer to case law as evidence[5+5=10]
Legal interpretation in the South African context has undergone significant changes since the start of the democratic era in 1994. The different subjective theories to legal interpretation have had both factual impacts and continue to play a role in the legal landscape of the country. One such theory is the intentionalist theory, which focuses on the intentions of the legislature in interpreting the law. This theory has had a factual impact in cases such as S v Boesak, where the court considered the purpose behind the legislation in determining the meaning of the provisions. The intentionalist theory remains relevant in the South African legal context, as it allows for a more contextual and purposive interpretation of legislation, taking into account the historical background and objectives of the law. Another subjective theory that has impacted legal interpretation in South Africa is the purposive approach, which seeks to achieve the underlying purpose or goal of the legislation in question. This approach has been employed in cases such as Pharmaceutical Manufacturers Association of SA and Others: In re Ex Parte President of the Republic of South Africa and Others, where the court emphasized the importance of considering the purpose of the legislation in interpreting its provisions. The purposive approach is essential in ensuring that the law is applied in a manner that advances the goals of the Constitution and promotes justice and equality. Overall, these subjective theories continue to play a crucial role in legal interpretation in the South African context, as they facilitate a more nuanced and context-specific understanding of the law, ensuring that justice is served and constitutional values are upheld.
