JAFTA J
‘In this Act, unless the context otherwise indicates – “university”
means any university established, deemed to be established or declared
as a university under this Act.’
It follows that the special meaning given to ‘university’ in that Act is confined to
instances where the Higher Education Act itself applies. But, even then, the definition
applies subject to context. Room is left for the word ‘university’ to be given a meaning
that is at variance with that specially defined one even where the Higher Education Act
applies. And this is in line with our jurisprudence. In Liesching I we said:
‘“Appeal” is defined in section 1 of the Superior Courts Act. Where a
word is defined in a statute, the meaning ascribed to it by the
Legislature must prevail over its ordinary meaning. The definition
makes plain that the word ‘appeal’ would only bear the meaning
ascribed to it by the Legislature if the context so requires. If, however,
there are compelling reasons, based on the context, to disregard the
ascribed meaning then the ordinary meaning of the word must be used.
If a defined word or phrase is used more than once in the same statute
it must be given the same meaning unless the statutory definition
would result in such injustice or incongruity or absurdity as to lead to
the conclusion that the Legislature could never have intended the
statutory definition to apply.’
To concretise this approach, the following must never be lost sight of. First, a special
meaning ascribed to a word or phrase in a statute ordinarily applies to that statute alone.
Second, even in instances where that statute applies, the context might dictate that the
special meaning be departed from. Third, where the application of the definition, even
where the same statute in which it is located applies, would give rise to an injustice or
incongruity or absurdity that is at odds with the purpose of the statute, then the defined
meaning would be inappropriate for use and should therefore be ignored. Fourth, a
definition of a word in the one statute does not automatically or compulsorily apply to
the same word in another statute. Fifth, a word or phrase is to be given its ordinary
meaning unless it is defined in the statute where it is located. Sixth, where one of the
meanings that could be given to a word or expression in a statute, without straining the
language, ‘promotes the spirit, purport and objects of the Bill of Rights’, then that is
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