Abstract

This special edition consists of a selection of contributions delivered during a conference "Towards an integrated approach to the interpretation of legal documents: contracts, wills and statutes", hosted by the University of the Western Cape, on 23 March 2018. The aim of the conference was to take stock of the state of legal interpretation in South Africa five years after the watershed judgment was delivered in Joint Natal Municipal Pension Fund v Endumeni Municipality. The papers in the special edition provide a clarification, contestation and application of the Edumeni approach to the interpretation of legal documents.

Highlights

  • On 23 March 2018 the Law Faculty at the University of the Western Cape hosted a conference entitled "Towards an integrated approach to the interpretation of legal documents: contracts, wills and statutes"

  • The judgment self-consciously sought to bring an end to the ongoing debate about the proper approach to the interpretation of legal documents in South Africa

  • The judgment contains a short summary of the correct approach to legal interpretation, comprehensively argued and justified by a discussion of the most important global trends in legal interpretation

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Summary

Introduction

On 23 March 2018 the Law Faculty at the University of the Western Cape hosted a conference entitled "Towards an integrated approach to the interpretation of legal documents: contracts, wills and statutes". The aim of the conference was to take stock of the state of legal interpretation in South Africa five years after the so-called "golden rule" of legal interpretation was abolished in Joint Natal Municipal Pension Fund v Endumeni Municipality.1 The judgment written on behalf of a unanimous court by Wallis JA immediately distinguished itself from surrounding case law for two reasons.

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