IOS2601 ASSIGNMENT 1 SOLUTIONS 2021 SEMEMSTER 1
ASSIGNMENT 1 IOS2601 2021 UNIQUE NUMBER: 853768
QUESTION 1
1.1. Legal notices, reports, draft Bills, discussion papers; Green papers, white papers and
other Government policy documents.
1.2. This method is directly opposed to the statutory method.
The time is computed de die in diem:
The first day of the period is included and the last day excluded.
The last day is regarded as ending at the very moment it begins as it were (at midnight the
previous day).
Minister van Polisie v De Beer (computation civilis)
It was held that, where a collision took place on 5 August 1967, the summons was served 1 day
too late on 5 February 1968 where this method was used to determine the 6-month period to
institute.
• The cause of action in this case was a motor car collision involving a police vehicle.
• In terms of s32 of the Police Act 7 of 1958, a civil suit brought against the police as a result
of an action executed in terms of the Police Act must be instituted within six months.
• The collision took place on 5 August 1967.
• The summons was served on 5 February 1968.
• On appeal, the Supreme Court found that the ordinary civil method should be used to calculate
the time.
• The last day was therefore excluded and the serving of the summons was therefore one day
too late, and the action was refused.
1.3. It is utmost importance to note that the concept of ubuntu is not expressly mentioned in
the Constitution of 1996. However, that does not mean that ubuntu will disappear from the
South African legal stage. Since Ubuntu was central in the Makwanyane case, it forms part of
the new South African constitutional jurisprudence.
ASSIGNMENT 1 IOS2601 2021 UNIQUE NUMBER: 853768
QUESTION 1
1.1. Legal notices, reports, draft Bills, discussion papers; Green papers, white papers and
other Government policy documents.
1.2. This method is directly opposed to the statutory method.
The time is computed de die in diem:
The first day of the period is included and the last day excluded.
The last day is regarded as ending at the very moment it begins as it were (at midnight the
previous day).
Minister van Polisie v De Beer (computation civilis)
It was held that, where a collision took place on 5 August 1967, the summons was served 1 day
too late on 5 February 1968 where this method was used to determine the 6-month period to
institute.
• The cause of action in this case was a motor car collision involving a police vehicle.
• In terms of s32 of the Police Act 7 of 1958, a civil suit brought against the police as a result
of an action executed in terms of the Police Act must be instituted within six months.
• The collision took place on 5 August 1967.
• The summons was served on 5 February 1968.
• On appeal, the Supreme Court found that the ordinary civil method should be used to calculate
the time.
• The last day was therefore excluded and the serving of the summons was therefore one day
too late, and the action was refused.
1.3. It is utmost importance to note that the concept of ubuntu is not expressly mentioned in
the Constitution of 1996. However, that does not mean that ubuntu will disappear from the
South African legal stage. Since Ubuntu was central in the Makwanyane case, it forms part of
the new South African constitutional jurisprudence.
