Read the following and answer the questions that follow:

Jamie and Leigh are 10-year-old twins who were born on 12 January 2023 at National Hospital in Bloemfontein. On the same date of their birth, Parliament published the Twins Act 3 of 2023 in the Government Gazette. Section 9 of the Twins Act provides that twins born on or after 1 January 2023 do not have a right to inherit or benefit from

the estate of their deceased grandparents. Section 84(4) of the Act provides that “Any amendment, withdrawal or insertion made [by the Minister] under this section in any calendar year shall, unless Parliament otherwise provides, lapse on the last day of the next calendar year, but without detracting from the validity of such amendment, withdrawal or insertion before it has so lapsed”.

4.1 Can this legislation apply before its date of commencement? Explain your answer.

No, this legislation cannot apply before its date of commencement. In this case, the Twins Act was published on the same date that Jamie and Leigh were born, so it was not in force at the time of their birth. Legislation only becomes effective once it has been officially enacted and comes into force according to the specified commencement date.