JAFTA J
might work the gravest injustice by including cases which were not intended to be
included.”185
[162] As it appears from this statement, courts have declined to apply the defined
meaning where the result would be an injustice or absurdity which could not have been
intended. What is important to note is that the application of a definition section is
discretionary. Where it is clear that adherence to a statutory definition would lead to an
injustice or absurdity, a court is entitled to depart from the defined meaning and assign
the relevant words their ordinary meaning. This discretion does not extend to other
provisions of a statute.
[163] Here a court that interprets RICA has a discretion to apply the meanings defined
in section 1, including the meaning of “designated judge”. If it appears to that Court
that giving the phrase “designated judge” its defined meaning would lead to an injustice
or absurdity, the court would be entitled to jettison the defined meaning and opt for the
ordinary meaning, if it differs from the defined meaning. That this was what Parliament
had envisaged is apparent from the wording of section 1 itself.
[164] In the relevant part section 1 of the RICA reads:
“(1) In this Act, unless the context otherwise indicates—
‘designated judge’ means any judge of a High Court discharged from active service
under section 3(2) of the UNIFORM COURT RULES Remuneration and Conditions
of Employment Act, 2001 (Act 47 of 2001), or any retired judge, who is designated by
the Minister to perform the functions of a designated judge for purposes of this Act.”
[165] Under this section the words “designated judge” wherever they appear in RICA
mean a retired Judge designated to perform functions of such Judge for purposes of the
Act. Indeed these words appear on a number of occasions in RICA186. Whenever
185
Town Council of Springs v Moosa 1929 AD 401 at 417.
186
The words “designated judge” appear in sections 16, 17, 18 and 20 of the RICA.
83
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