1
Kiarah Balchund
14546167
PVL1501 ASSIGNMENT 01
QUESTION 1
(a) Yes, Synthia will have to register the birth of her child. The child was
separated from the mother and born living and therefore acquired legal
personality. According to the Births and Deaths Registration Act 51 of 1992,
the Director General of Home Affairs must be notified of every child who was
born alive.
m
er as
(b) No, the child will not be able to inherit from Thomas’ estate. If the child
co
eH w
inherits, it will not benefit the child and according Jacqueline Heaton in The
o.
South African Law of Persons (p13), the Nasciturus Fiction states that the
rs e
ou urc
benefit may not be applied solely to the benefit of the third person.
o
aC s
QUESTION 2
v i y re
Yes, she will be able to lodge a claim. In Road Accident Fund v Mtati 2005 (6) SA
216 (SCL) a similar situation took place and it was decided that the plaintiff was
ed d
ar stu
able to claim for pre-natal injury.
sh is
QUESTION 3
Th
(a) Yes, Dr Coleman may terminate the pregnancy without her parents’ consent.
Dr Coleman must advise her to consult with her parents, legal guardian,
family members or friends before the termination can take place however he
cannot deny her the termination. (Heaton p21)
This study source was downloaded by 100000828837662 from CourseHero.com on 09-27-2021 04:57:58 GMT -05:00
https://www.coursehero.com/file/108015622/PVL1501-Assignmnt-01docx/
Kiarah Balchund
14546167
PVL1501 ASSIGNMENT 01
QUESTION 1
(a) Yes, Synthia will have to register the birth of her child. The child was
separated from the mother and born living and therefore acquired legal
personality. According to the Births and Deaths Registration Act 51 of 1992,
the Director General of Home Affairs must be notified of every child who was
born alive.
m
er as
(b) No, the child will not be able to inherit from Thomas’ estate. If the child
co
eH w
inherits, it will not benefit the child and according Jacqueline Heaton in The
o.
South African Law of Persons (p13), the Nasciturus Fiction states that the
rs e
ou urc
benefit may not be applied solely to the benefit of the third person.
o
aC s
QUESTION 2
v i y re
Yes, she will be able to lodge a claim. In Road Accident Fund v Mtati 2005 (6) SA
216 (SCL) a similar situation took place and it was decided that the plaintiff was
ed d
ar stu
able to claim for pre-natal injury.
sh is
QUESTION 3
Th
(a) Yes, Dr Coleman may terminate the pregnancy without her parents’ consent.
Dr Coleman must advise her to consult with her parents, legal guardian,
family members or friends before the termination can take place however he
cannot deny her the termination. (Heaton p21)
This study source was downloaded by 100000828837662 from CourseHero.com on 09-27-2021 04:57:58 GMT -05:00
https://www.coursehero.com/file/108015622/PVL1501-Assignmnt-01docx/
