Saturday, May 23, 2020

Impact of electronics banking on the Banking system - Free Essay Example

Sample details Pages: 10 Words: 3007 Downloads: 9 Date added: 2017/06/26 Category Finance Essay Type Narrative essay Did you like this example? Twenty first century is the century of science and technology. Science and technology changes people both personal and professional lives. The rapid changes and advancement in electronic devices and its distribution channels that have produce tremendous changes in business from last two decades. [1] Growing competition between bank and non-bank financial institutions also raises a question that why some customers are adopting one distributional channel and others are not and identification of those factors that may influence customers to adopt this decision is very important for Electronics Banking service providers. The evaluations of new services are very difficult where the quality of trustworthiness dominates. [2] Don’t waste time! Our writers will create an original "Impact of electronics banking on the Banking system" essay for you Create order It is also important to study the impact of technology based transactions on bankers perceptions and behavior. [3] The Distribution channel based upon Electronics Banking system reduces the personal contact between banks and customers. [4] There are many definition of Electronics Banking but some are following. According to FFIEC a system in which automatic delivers the banking products and services to customers through some electronics devices or some interactive communication channels. Electronics Banking is a compendious system in which a customers either individuals or businesses can easily access their accounts, business transaction, or general information regarding financial banking products and services through a public or private networks including the Internet and some intelligent electronics devices like a Personal Computer (PC), Personal Digital Assistant (PDA), Automated Teller Machine (ATM), or Touch Tone Telephone etc. [5] According to Cambridge Advanced Learners Dictionary when a customer want to makes changes, organize or examine their bank accounts and investment through internet or through some smart electronics devices is called Electronics Banking or Electronics Banking System. [6] Electronics Banking is a system that allows a bank customer to access its bank accounts and general information on bank products and services through a personal computer (PC) or some other intelligent devices. Background The precursor for the modern home online banking services were the distance banking services over electronic media from the early 1980s. The term online became popular in the late 80s and referred to the use of a terminal, keyboard and TV (or monitor) to access the banking system using a phone line. Home banking can also refer to the use of a numeric keypad to send tones down a phone line with instructions to the bank. Online services started in New York in 1981 when four of the citys major banks (Citibank, Chase Manhattan, Chemical and Manufacturers Hanover) offered home banking services using the videotex system. Because of the commercial failure of videotex these banking services never became popular except in France where the use of videotex (Minitel) was subsidized by the telecom provider and the UK, where the Prestel system was used. The UKs first home online banking services were set up by Bank of Scotland for customers of the Nottingham Building Society (NBS) in 1983. The system used was based on the UKs Prestel system and used a computer, such as the BBC Micro, or keyboard (Tandata Td1400) connected to the telephone system and television set. The system (known as Homelink) allowed on-line viewing of statements, bank transfers and bill payments. In order to make bank transfers and bill payments, a written instruction giving details of the intended recipient had to be sent to the NBS who set the details up on the Homelink system. Typical recipients were gas, electricity and telephone companies and accounts with other banks. Details of payments to be made were input into the NBS system by the account holder via Prestel. A cheque was then sent by NBS to the payee and an advice giving details of the payment was sent to the account holder. BACS was later used to transfer the payment directly. [6] Electronic banking is the latest in the series of technological wonders of the recent past. ATMs, Tele Banking, Internet Banking, Credit Cards and Debit Cards have emerged as effective delivery channels for traditional banking products. In Pakistan, foreign banks took the lead by introducing ATMs and credit cards in the mid 1990s, and domestic banks followed in the late 1990s. The State Bank of Pakistan Annual Report (2003) explained this delayed entry in electronic banking largely by regulatory hurdles, higher start up costs, on-going banking sector reforms and lack of technical skills. The Government of Pakistan further promoted electronic banking with the promulgation of the Electronic Transaction Ordinance 2002. This landmark step provided legal recognition of digital signatures and documentation reducing the risks associated with the use of electronics media in business. At present, almost all commercial banks in Pakistan have setup their own ATM networks, issue debit and credit cards and have joined one of the two operating ATM Switch Networks. Stanford Federal Credit Union was the first financial institution to offer online internet banking services to all of its members in October 1994. Today, many banks are internet only banks. Unlike their predecessors, these internet only banks do not maintain brick and mortar bank branches. Instead, they typically differentiate themselves by offering better interest rates and online banking features. [7] Banking System in Pakistan All banks were nationalized before 1990. In 1991, two small banks MCB (Muslim Commercial Bank) and ABL (Allied Bank Limited) were privatize as per Governments General Program of Economic Liberalization and the Privatization of State Enterprises. And Government also instructed the State Bank of Pakistan for establishment of Commercial Banking in private sector. After first privatization, Government continuously tries to promote privatization of banking sector and setting up new private and foreign banks. Electronics Banking System In Pakistan, foreign banks took lead by introducing Electronics Banking System like ATMs and Credit Cards etc in mid 1990s and the domestic banks followed in the late 1990s. The initiative in Electronics Banking in Pakistan was taken late but now focused and efforts are being made to catch up the rest of the world. Few years back, the banking level was too low and confined to the four wall of branch. But with the entry of private banks having limited number of branches and the investment in technology was chosen as alternative to overcome this deficiency. The advent and common use of Electronics Commerce and Internet forced the banks globally to incorporate Electronics Banking. Pakistani banks are still far behind their global counter parts. One such example is complete lack of merchant accounts in Pakistan. [15] Objectives of Study Overview of IT and Electronics Business in Pakistan. To study the Electronics Banking facilities offered by the banks in Pakistan. To study Electronics Banking and customers response. To study about the functioning of Electronics Banking. To explore the future prospects of Electronics Banking. To study the Benefits and Risk of Electronics Banking. Purpose and Significance of Study The purpose of the study is to get appropriate data and solution of the problems and transfer this data into information and create a good suggestion, conclusion and recommendation. This research will be helpful for other researcher who may be focusing on the other Electronics Banking and customer oriented strategies. Such data will be helpful for those researchers who want to finding their own mean of study and analyzing and the factor of failure and success. Review of related literature Electronics Banking / Online Banking System Electronics Banking or Online Banking system is the series of latest technology which provide an effective delivery channel for the traditional banking system. Electronics banking system is a latest delivery channel offered by retail banks for attraction and satisfaction of its customers. Electronics banking system that enables a corporate or individual customer to easily access their account and information regarding banks product and services through ATMs, Internet Banking, Tele-Banking etc without original signature verification, sending letters, faxes and telephone confirmation etc. [9] Electronics Banking means provision of information regarding bank products and services via an internet website page or web page on internet. [11] Types of Electronics Banking There are many ways a customer can easily access his or her account and information regarding bank products and services. Customer can easily access his or her account through internet website page or web-page by using internet connection. Another way to access account is dial up the banks server through dial up modem to access his or her bank accounts and information. This type of online banking is called dial up banking this network between bank and its customer is called Extranet. [12] Electronics Banking in Pakistan In Pakistan, foreign banks took lead by introducing Electronics Banking System like ATMs and Credit Cards etc in mid 1990s and the domestic banks followed in the late 1990s. According to the report of SBP (State Bank of Pakistan) that the delayed entry in electronic banking largely by regulatory hurdles, higher start up costs, on-going banking sector reforms and lack of technical skills. The Government of Pakistan further promoted electronic banking with the promulgation of the Electronic Transaction Ordinance 2002. But Electronics banking system also have many new challenges in Pakistan. Many countries have already modified their Electronics Banking regulations to achieve their main objectives like safety and reliability, promoting and maintain market discipline, and customer rights protection and the public trust in the Electronics Banking System. At present in Pakistan, all commercial banks have their own setup of ATMs, Debit and Credit Cards and web access system for individual and corporate clients. And there are many ways that a customer can easily access his or her accounts. There are but lack of knowledge regarding computers, internet and other latest technology this is because lack of education and information to them. This is the responsibility of banks to educate and shift their customer toward Electronics Banking System and make them understand the advantages, disadvantages and importance of Electronics Banking System but Pakistanis Banks failed to do so. These are big barriers in using Electronics Banking system in Pakistan. Online Products and Services According to web survey, Pakistani banks are providing following Online Products and Services. My Accounts In this section, we can access and check accounts status from any where through Internet Connection. We can keep eye on real time account balances and transaction means we can access accounts 24/7. We can also manage and maintain multiple accounts and download the cash flow statement or view it on real time basis. We can also download customer profile, Bank statement and other guide line and information regarding banks products and services. Payments We can make transfer of Funds, Credit Card payment, direct payment to anyone, utility bill payment instantly through Electronics Banking System. This is very fast, easy and secure and we can view the result in a movement. Request We can make online Cheque Books request, Stop Payment request, Demand Draft or Pay Order request, Fixed Deposit request. Alerts We can set different types of alerts in the Electronics Banking system. Like bank statement alert, deposit or withdraw alerts, bank balance alert etc. With the help of Electronics banking system we can easily access account at any time of the day or night through internet connected computer and save a lot of times. Strengths and Weaknesses of Electronics Banking Relative Advantages Relative advantage is the degree that the innovation is perceived as better than the idea or product it supersede. Typically, this has been thought of as economic advantage; however, many innovations have appeal on a status dimension. Also, the relative advantage of an innovation can change over time. For example, a pocket, four-function calculator bought in 1975 cost about $150. Today, a more complex calculator can be bought for less than $10, or even come as part of a $15 digital watch. Relative advantage may be thought of as the rewards and punishments of an innovation. This is one reason why it is difficult to promote preventive innovations. The benefits are generally uncertain, and almost by definition, may occur sometime in the future. [16] As mentioned earlier Electronics Banking service provides different benefits that include ease for clients, lesser cost of operation, faster transactions, and lesser miscommunication and errors. These advantages provide the company with more reasons to give excellent service to clients; it also gives banks a better image than competitors. ÂÂ   Compatibility Compatibility refers to the capacity of products to function in association with others. VHS cassettes are only compatible with VHS players; computer software may require a particular operating system, and the like. The process of ensuring product compatibility and policing aspects of quality has always entailed a mixture of public sector and private sector initiatives. Yet great variation exists across nations in the matters that have been left to the market and those that have been subjected to regulation, and debates continue both in political assemblies and in the academy as to the appropriate role of government in regulating product characteristics. [17] Electronics Banking is compatible with the current trends and current world situation. It relates to the changes whether it is technological or social that is continuously happening. Electronics Banking gives a probable solution to these generations needs and the urgency of making peoples lives easier. This kind of banking is a probable solution to organizational problems and a big help for different organizations to survive in the ever changing world environment. ÂÂ   Trialability and Observability Trialability means the ability to experience an innovation on a limited basis. Numerous free samples received in the mail are an example of attempts to exploit this dimension. Observability means the results are visible to the adopter and to others. This can be thought of as a feedback dimension. For example, newer exercise equipment provides the user with continuous heart rate, caloric expenditure, and other performance related information. [16] Electronics Banking services are good for trials and by undergoing trials this service can be improved and perfected according to the clients needs.ÂÂ   Electronics Banking also shows observability since initial results can be seen abruptly thus its effects can be known and changes can be made.ÂÂ   ÂÂ   Complexity Complexity means the perceived difficulty to understand or use an innovation and is negatively related to the rate of adoption. For example, personal computers (PCs) that appear to require extensive knowledge of computer languages should not have mass market appeal. [16] Electronics Banking in a way shows complexity since people who will use it must be knowledgeable of computers and the internet. ÂÂ   Perceived Risk Risks are things companies think that they might encounter or the things they have to take and ignore to continue with the business undertaking. In Electronics Banking service perceived risk can be easily identified. In Electronics Banking the probable difficulties and problems that will be encountered can be predicted thus sparing a banking institution from having a hard time. Research Methodology A systematic way to identify the problem or to solve the problem using different logical steps is called Research Methods. There are many types of research methods like exploratory, descriptive, constructive, empirical etc. In my dissertation I will use descriptive method of research. Descriptive Method In this dissertation I will described the Electronics Banking through Descriptive Research method. In this method I will gathered the data through current situation. After process the data into information I will describe the nature and cause of current situation Electronics Banking in Pakistan. Descriptive method is more practical, quick and more flexible. Major statistical calculation can applied in this research method. If any issues or question will arise during the dissertation we can further investigate through this flexible method. Research Strategy In this dissertation, I will gather the data through different books of different authors, through case studies, related articles journals, Internet, verbal, documentary and different literary tool. After gather these data we will examine, categorize, tabulate and recombine this data into information and upon findings we will make suggestion, conclusions and recommendation in my dissertation. Data As data collection method is highly influenced by the methodology, which is chosen. [13] In my dissertation / thesis I will use case study, questionnaire and financial journals data to find the Introduction of Electronics Banking in Pakistan and its evaluative impact on Banking System. Data Collection Methods Data collection method is the main key of research. Data can be described into two categories according to its source or its basis. Primary Data Collection Secondary Data Collection Primary Data Collection Primary data will come from survey. In survey, we will use questionnaire and interview that will conduct by us means the researcher. Primary collection of data will give us the detailed informative data and after apply statistical calculation it will be more helpful information for my dissertation and other researcher. Questionnaire The questionnaire will be design upon the requirement and necessity of the dissertation but some of the questions are following as per requirement of proposal. Are you aware about IT (Information Technology)? Are you aware about the Electronics Banking in Pakistan? Do you have a bank account? If yes so in which bank? Are you satisfied with the services of bank? Are you aware about the benefits of Electronics Banking? What are your main transactions through bank? Are you feeling safe to disclose your information on Internet? Secondary Data Collection The secondary data will come from books of different authors, through case studies, related articles journals, Internet, verbal, documentary and different literary tool. Secondary data is more convenient to use in research because secondary data is already organized, condensed and more compatible. So we can easily make suggestions, conclusions and recommendations in research. Data Analysis Data analysis can be defined as consisting of three concurrent flows of activity: data reduction, data display and conclusion drawing/verification. According to Yin we will examine, categorize, tabulate and recombine the collected data and upon findings we will make suggestions, conclusions and recommendation in our dissertation. Research Activity Timeline: No Activity Dates 1. Final submission of proposal 30thNov 2009 2. Review of related Literatures, Case Study and Journals and collect the data for proposed research. 10thDec 2009 3. Conducted Interview and questioner will ready 30thDec 2009 4. Compiling the collected data and information 3rd Jan 2009 5. Conduct first analysis from the acquired information 18thJan 2009 6. Start making report on the basis of information 2ndFeb 2009 7. First layout of research work 18 Feb 2009 8. Final compilation of all progressed work 28thFeb 2010 9. Checking ready for submission final dissertation 10thMar 2010

Monday, May 11, 2020

The Lottery By Shirley Jackson - 1391 Words

Marina Grishechkina Professor Abbott English 126 April 6, 2016 â€Å"The Lottery† by Shirley Jackson â€Å"The Lottery† introduces the reader to a cruel ritual of the village where people gather together to participate in the annual elimination of a random villager. Superficially friendly mood in the town at the beginning of the story was replaced by hostile and violent human behavior at the end. Warm and sunny summer morning did not represent happiness; instead, it represented death. The entire population of the village blindly follows existing tradition regardless of it horrifying purpose. Compliance with violent rituals leads to indifference and hidden aggression, which in turn cause immorality and society degradation. In 1948, when â€Å"The Lottery† was published, Shirley Jackson received only negative reviews from the readers. Many people, including Jackson’s mother, disapproved the story due to it frighten nature. According to Jackson’s husband, Stanley Edgar Hyman, â€Å"people often expressed surprise at the difference between Shirley Jackson appearance and manner, and the violent and terrifying nature of her fiction† (Hyman). He believed that people misunderstood â€Å"The Lottery†, describing it as â€Å"chillingly horrifying†. In fact, creating variety of writing styles, she tried to attract different audience, meanwhile expressing herself and her view of the world. As stated by Coulthard, â€Å"Jackson wrote â€Å"TheShow MoreRelatedThe Lottery, By Shirley Jackson1195 Words   |  5 PagesOn the surface, Shirley Jackson’s short story, â€Å"The Lottery,† reads as a work of horror. There is a village that holds an annual lottery wh ere the winner is stoned to death so the village and its people could prosper. Some underlying themes include: the idea that faith and tradition are often followed blindly, and those who veer away from tradition are met with punishment, as well as the idea of a herd mentality and bystander apathy. What the author manages to do successfully is that she actuallyRead MoreThe Lottery by Shirley Jackson757 Words   |  4 Pagessucceed but many fail just like the main character Tessie Hutchinson in Shirley Jackson’s short story â€Å"The Lottery†. When someone hears the word â€Å"lottery†, he or she may think that someone will be rewarded with prize. But â€Å"The Lottery† By Shirley Jackson is different than what one thinks. In the story, a lottery is going to be conducted not like Mega Million or Powerball one play here. In the story, the person who wins the lottery is stoned to death instead of being rewarded with the prize. TessieRead MoreThe Lottery By Shirley Jackson931 Words   |  4 PagesIn 1948 Shirley Jackson composed the controversial short story â€Å"The Lottery.† Generally speaking, a title such as â€Å"The Lottery† is usually affiliated with an optimistic outlook. However, Jackson’s approach is quite unorthodox and will surely leave readers contemplating the intent of her content. The story exposes a crude, senseless lottery system in which random villagers are murdered amongst their peers. Essentially, the lottery system counteracts as a form of population control, but negatives easilyRead MoreThe Lottery By Shirley Jackson1504 Words   |  7 Pagesâ€Å"The Lottery† by Shirley Jackson In The Lottery Shirley Jackson fills her story with many literary elements to mask the evil. The story demonstrates how it is in human nature to blindly follow traditions. Even though some people have no idea why they follow these traditions. The title of the story plays a role in how Shirley Jackson used some literary elements to help mask the evils and develop the story. The title â€Å"The Lottery† serves as an allegory. When people think of the lottery majorityRead More`` The Lottery `` By Shirley Jackson894 Words   |  4 Pagesshort story â€Å"The Lottery†, author Shirley Jackson demonstrates Zimbardo’s concepts in three different areas: Authority figures, Tradition and Superstition, and Loyalty. The first concept Jackson portrays in â€Å"The Lottery† is the authority figures. Jackson indicates that the lottery is being held in the town center by one authority figure, Mr. Summers, annually on June 27th. Every June 27th, without fail, townspeople gather in the town square to participate in the annually lottery even though mostRead MoreThe Lottery, By Shirley Jackson1510 Words   |  7 PagesShirley Jackson’s â€Å"The Lottery† illustrates several aspects of the darker side of human nature. The townspeople in Jackson’s â€Å"The Lottery† unquestioningly adhere to a tradition which seems to have lost its relevance in their lives. The ritual that is the lottery shows how easily and willingly people will give up their free will and suspend their consciences to conform to tradition and people in authority. The same mindless complacency and obedience shown by the villagers in Jackson’s story are seenRead MoreThe Lottery By Shirley Jackson8 11 Words   |  4 Pagesâ€Å"The Lottery† was published by Shirley Jackson. The story was true expression of Jackson’s genuine thoughts about human beings and their heinous competence in an annual village event for corn harvest . First, her used to word symbolized main point of the story. Second, Jackson was inspired by few historical events happened in the past and a life incident in her life. Lastly, She was able to accomplish the connection between historical and biographical with the story. Therefore, Shirley Jackson’sRead MoreThe Lottery By Shirley Jackson934 Words   |  4 Pagesâ€Å"The Lottery† by Shirley Jackson signifies the physical connection between the villagers and their unwillingness to give up their tradition. â€Å"The Lottery† is very unpredictable and quite misleading. The black box has no functionality, except every June 27th. Shirley Jackson depicts the black box as an important and traditional tool. Although the villagers in â€Å"The Lottery† are terrified of the goal of the lottery and the black box, they are unwilling to let go of the tradition. Shirley Jackson portraysRead MoreThe Lottery by Shirley Jackson799 Words   |  4 Pagesthe mood and to foreshadow of things to come. The Lottery by Shirley Jackson is a story in which the setting sets up the reader to think of positive outcomes. However, this description of the setting foreshadows exactly the opposite of what is to come. In addition, the theme that we learn of at the end leads us to think of where the sanity of some human beings lies. The story begins with the establishment of the setting. To begin, Shirley Jackson tells the reader what time of day and what time ofRead MoreThe Lottery by Shirley Jackson1764 Words   |  7 Pagesfilled with excitement and eeriness, leaving the reader speechless. The Lottery , a short story written by famous writer Shirley Jackson, created an uproar on June 26, 1948, when it was published in the magazine The New Yorker (Ball). The gothic thriller, set in an unknown time and place, shares the tradition of a small town, a little larger than three hundred people, in which a drawing is held once a year. In this â€Å"Lottery,† each family’s husband draws a slip of paper from a black box. The husband

Wednesday, May 6, 2020

Jaga vs. D Free Essays

In its Bath Star Judgment, the Constitutional Court referred to the interpretive approach followed in the Gaga v D ¶ones, a notorious case from the asses. In this essay, I argue that the recent comments by the Constitutional Court about the case clearly show that the Gaga judgment Is no longer relevant to the Interpretation of statutes after the democratic transformation. The facts of the Gaga case The Gaga case was a notorious case which occurred in the early sass’s. We will write a custom essay sample on Jaga vs. D or any similar topic only for you Order Now Gaga being the accused in this case, as he was caught selling inwrought gold which is illegal. It was hen decided by the jury that he would be sentenced to â€Å"three months imprisonment suspended for three years†. Section 22 of Act 22 of 1913 read as follows: â€Å"Any person who has been sentenced to imprisonment for any offence committed by the sale of inwrought precious metal and who is deemed by the minister to be an undesirable inhabitant of the union may be removed from the union under a warrant†. Therefore Gaga was declared as being an undesirable Inhabitant and a warrant for his deportation to India was Issued. Gaga challenged this because he declared that he had not been sentenced to Imprisonment. The molester had argued this point made by Gaga by stating that even though it is a â€Å"suspended sentence of imprisonment†, it is still a sentence of imprisonment. Gaga once again argued saying that he was not physically sentenced to imprisonment. The dominant interpretive approach before 1994 as followed by the majority in Gaga. The textual approach which was used in 1950 when the Gaga case had taken place, is an approach to interpretation which was used In majority of the cases before 1994 (which was when South African came a democratic country). This is an approach hereby legislation Is Interpreted simply Just by the way It Is written. It focuses on the grammar used In the text or In legislation rather than the actual content of the case-The text base approach refers to the literal meaning of the text. There are many variations of rules of interpretation which occur under the textual approach. The primary rule of the textual approach being, â€Å"that if the ordinary or plain meaning of the words in a legislative provision is clear, that meaning must be applied†. While ordinary citizens look at the everyday meaning of legislation, the courts look at the lain meaning of the text of the cases in this approach of interpretation. The golden rule of this method states that only if a specific wording of legislation is ambiguous and has more than one meaning in the dictionary. Also if the ordinary meaning leads to such absurd results, it will be Impossible to use the actual words In legislation to Interpret any case at all because by the courts applying the plain meaning of the text It would lead to them reaching a decision which would be rather Irrational. In these circumstances where the actual text cannot be used or ciphered from correctly then the court can turn to a number of secondary aids. Information other than the wording of the specific section. These aids are called internal and external aids. Internal aids include : â€Å"the same legislative text in another official language, the preamble, the long title, the definition clause, legislative purpose statements, interpretation guidelines, headings to chapters and sections, paragraphing and punctuations and schedules. â€Å". External aids such as the constitution and the bill of rights can also be used when the text isn’t clear and sufficient enough to come to a final decision or conclusion. In the case of Gaga the literal meaning of Section 22 of Act 22 of 1913 was applied because it did state that any offender would be considered as being an undesirable inhabitant and would be sentenced to imprisonment and this was exactly what happened to Gaga. No other facts of the case were taken into consideration and nothing was investigated thoroughly or further, therefore I feel this approach is rather orthodox and is not relevant to be used currently. It was Just simply the literal meaning of the act taken into consideration here. The court insisted on the plain literal meaning and applied it o the Gaga case, it was a decision that was simply to make and so Gaga was issued with a warrant for his deportation to India and sentenced to three months of imprisonment, suspended for three years. This approach is a very narrow approach and I feel it doesn’t really give an accurate indication of anything because there are very few texts that are actually clear enough whereby the court can actually reach one final interpretation of the legislature. In this approach the court also has very â€Å"little law-making capacity’. In my opinion this approach is no longer valid and should to be used as there is very little to actually work with, it isn’t open minded and will not help reach the best verdict. The alternative interpretive approach followed by the minority in Gaga This refers to the contextual (purposive) approach or also can be called text-in-context approach. This approach has been used even before 1994 in certain cases from time to time. This approach however has been overshadowed by the textual approach. In this approach â€Å"the context of legislation, including social and political policy directions Is also taken into account to establish the purpose of legislation†. Here the mischief rule is used. This rule makes use of external aids which include † the common law, whatever new remedies the legislature provides, and the true reason for the remedies. This approach provides â€Å"a balance between grammatical and the overall contextual meaning†. This approach takes into consideration the actual scope of the legislation and not Just the plain text or the grammatical meaning like the textual approach does. The court has a creative law making function when interpreting legislation. However this does not mean that the court gets to take over completely by paving all the legislative power. The interpretation process is not complete until â€Å"the object of the scope of the legislation is taken into account†. This is yet another reason as to why the new interpretive approach or rather the contextual approach is relevant to be used now rather than the textual approach. In certain cases sometimes the wider context could prove to be more vital than the actual legislative text. In this approach firstly the meaning of the text and the context needs to be determined, once this is done the second step is to apply this when interpreting. Bath star case. Section 39(2) of the constitution contains a provision dealing with ordinary statutory interpretation. The constitution being the supreme law of South Africa, it is only right that it is referred to when interpreting legislation. Section 39(2) implies that even where the ordinary meaning of the legislation is clear and unambiguous, the interpreter must still try to ascribe the meaning to those words that will best promote telecast one identifiable value enshrined in the bill of rights†. The Bath star case was a case about the allocation of quotas in the fishing industry. The number of fish that’s allowed to be caught when deep sea fishing is limited by the quota system. The quota which each fi shing trawler is allowed to catch is determined by the minister of environmental affairs and tourism in terms of the Marine living resources Act 18 of 1998. The Bath Star fishing company lodged a complaint that the quota which they had been allocated for the year was too small. Len section 2 of the marine living resources act there is a list of objectives given and it states that the minister must â€Å"have regard to† these objectives when quotas are being allocated. In this case Bath Star argued that only the textual approach was used because the ordinary meaning of the phrase â€Å"have regard to† was construed by the courts to mean â€Å"bear in mind† or â€Å"do not overlook†. In the statement made by the court they accepted that this was true. The phrase should have been looked into according to the context that it occurred in. Therefore the contextual meaning had to be looked into and not Just the textual approach because it is no longer relevant that Just the ordinary text or meaning of the words be taken into account, but in the new interpretive approach it is â€Å"the repose of legislation and the values of the constitution† that needs to be examined before any kind of decision is reached or before finalizing the verdict. The Bath Star case is a perfect example of why the textual approach is not recommended for use in this day and age where everything has now become more complicated and needs to be thoroughly interpreted so nobody feels that they have been cheated in any way. Words and phrases have a way of being misunderstood so therefore facts need to be collected when handling such cases and this can only be done when the purposive teeth is used. By this case it is also made clear that † the primary and golden rules of textual interpretation do not apply in our law anymore† Conclusion The supremacy of the constitution has overturned the interpretive approach to the contextual method of interpretation. I believe this was done so simply because it is proved that it is indeed the most appropriate and accurate approach to use when interpreting legislation. The text and context of the legislation as well as law cases must be balanced and it not Just be the text that’s taken into consideration therefore he Judgment used in Gaga case can no longer be used for the interpretation of statutes after the democratic transformation. I believe there are far too many weaknesses in the textual approach as it leads to many misunderstandings which creates further problems and disrupts normality, this is evident in both the Gaga and perspectives and therefore I do not support the textual approach used in the Gaga case as it only takes in the literal meaning of the text into consideration and ignores all other aspects. The contextual approach is thus the method which should be applied. How to cite Jaga vs. D, Papers