In two recent cases the Supreme Court of Appeal pointed out that it is generally impermissible to use regulations created by a Minister as an aid to interpret an act passed by Parliament, even if the act includes the regulations.

Even a specific provision in a regulation cannot override a general provision in a statute otherwise you get the tail wagging the dog.

See Trustco Group International v Vodacom. This method of interpretation was described as a “cardinal error” in Adcock Ingram Intellectual Property v Actor Holdings.