The Republic of South Africa, explained in legal terms
Oktober 31, 2011 in Sonder kategorie
Common Law Maxims: The inclusion of one is the exclusion of another. The certain designation of one person is an absolute exclusion of all others. 11 Coke, 58b. “expressio unius est exclusio alterius” – A maxim of statutory interpretation meaning the expression of one thing is the exclusion of another.
Blacks Law Dictionary, Sixth Edition So in law when you include something, you are excluding all others… so lets take a look at the definition of the Republic from the income tax act: Republic means the Republic of South Africa and, when used in a geographical sense, includes the territorial sea thereof as well as any area outside the territorial sea which has been or may be designated, under international law and the laws of South Africa, as areas within which South Africa may exercise sovereign rights or jurisdiction with regard to the exploration or exploitation of natural resources; Because this definition of the “republic” includes “the territorial sea” it by maxim, excludes everything else…
So the true sense of the word, the definition is similar to this: The “Republic” means the company “Republic of South Africa” which is limited to the “territorial sea” (wherever that may be) as well as areas outside of this sea (non-specific) which South Africa (note not the “republic”) can exercise sovereign jurisdiction with regards to the “exploration and exploitation of natural resources” (an inclusion which like an exclusion, excludes everything else).
So if you start to put the dots together… you should come to this conclusion…
1. Every ACT in R.S.A is limited to the “Republic”
2. The republic by definition is restricted in its scope and jurisdiction, to the “territorial sea” and nothing else
3. When the “republic” means “south africa” (the land) it is limited to the exploration and exploitation of natural resources…
AND this is where you have to be careful… if you willingly act as a “natural resource” (natural person ??) then you will be exploited. And this is why it is so important to understand the words that are used when you bump up against the corporate officers of the “republic”…
Source: www.thinkfreesa.com
Blikskottel…loves to see legal maxims and statutes explained.
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