Summarise the following

Question

The above discussion about the difference between passing and promulgation implies that a statute cannot ordinarily be promulgated without publication in the Gazette. Du Plessis notes two exceptions to this general rule:
1. It could be a requirement of the promulgation of a statute that is to be published in a way or form in addition to its publication in the Gazette,for instance the exhibition of a notice in a public place.
2. In exceptional circumstances, publication in the Gazette may be waived in terms of section 16A of the Interpretation Act. In these circumstances,’if the State President is satisfied that the publication of the gazette cannot be effected or is likely to be seriously delayed as a result of circumstances beyond the control of the government printer’ he or she can proclaim rules for an alternative mode of publication.

Answer 1

In discussing the difference between passing and promulgation, it is established that a statute typically requires publication in the Gazette for promulgation. However, Du Plessis identifies two exceptions:

1. A statute may have specific requirements for additional forms of publication alongside Gazette publication, such as displaying a notice in a public area.
2. In rare cases, the requirement for Gazette publication can be waived under section 16A of the Interpretation Act if the State President believes that delays in publication are due to circumstances beyond the government's control. In such cases, alternative modes of publication can be proclaimed.