Don’t use regulations to interpret an act

Patrick Bracher from Norton Rose Fulbright.

In two recent cases the Supreme Court of Appeal has pointed out that it is generally impermissible to use regulations created by a Minister as an aid to interpret an act passed by Parliament, even if the act includes the regulations.

Even a specific provision in a regulation cannot override a general provision in a statute otherwise you get the tail wagging the dog. See Trustco Group International (Pty) Ltd v Vodacom (Pty) Ltd [2016] ZASCA 56 (1 April 2016). This method of interpretation was described as a “cardinal error” in Adcock Ingram Intellectual Property (Pty) Ltd v Actor Holdings (Pty) Ltd [2016] ZASCA 41 (24 March 2016)

First published by Financial Institutions Legal Snapshot.