## Explanation as an Internal Aid

An explanation is a clarification of the legislative mind. It explains the meaning of the words used in the section to which it is attached.

### Object of an Explanation

An explanation is added to:

1. Include something within a section (broaden scope), or

2. Exclude something from it (narrow scope), or

3. Clarify any ambiguity in the main section, or

4. Explain the meaning of the section, or

5. Make the main section more meaningful and purposeful.

### Practical Reading

Unlike a proviso, an explanation does not carve out exceptions — it elucidates or supplements the section so that its meaning becomes clear and complete.

Worked example

### Example 1

Illustration of clarification: If a section refers to 'employee', and there is doubt about whether part-time workers are covered, the legislature may add an Explanation stating 'For the purposes of this section, "employee" includes a part-time worker.' The Explanation here both clarifies ambiguity and includes a category within the section.

⚠️ Common exam mistakes

Confusing an explanation with a proviso — explanations clarify; provisos carve out or qualify.
Ignoring an explanation when it expressly includes or excludes a category from the section.
Treating an explanation as an optional gloss when in fact it forms part of the section and must be applied.

Reference:

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Internal Aid: Explanation

Worked example

⚠️ Common exam mistakes