LPL4805 EXAM
PACK 2023
QUESTIONS
AND ANSWERS
, LJU4804 JANUARY FEBRUARY 2022
UNIVERSITY EXAMINATIONS
January / February 2022
PRIVATE INTERNATIONAL LAW PORTFOLIO
LJU4804
EXAMINERS:
FIRST: PROF MM WETHMAR-LEMMER
SECOND: PROF FT ABIOYE
EXTERNAL: PROF E SCHOEMAN (UP)
This paper consists of 5 pages.
The paper counts 80 marks.
The portfolio runs from 28 January 2022 to 7 February 2022.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
1. This portfolio is to be submitted before 23:55 on 7 February 2022. Students have to
submit this portfolio via myUnisa, no e-mailed portfolios may be accepted. No
extensions may be granted. It is the responsibility of the student to ensure that the
file submitted is not corrupted and can be opened for marking.
2. You will therefore be submitting this portfolio as Assignment 3 via myUnisa. When
you receive the portfolio, check whether your submission is open / available
and let your lecturers know immediately if your submission portal is not open.
3. The Declaration of Academic Honesty has to be signed and included in the
submission of the portfolio examination.
4. Proper footnote referencing has to be employed. This entails that every argument
or idea taken from another source, or any piece of information utilised from a source,
needs to be provided with a separate footnote reference.
5. Long quotes from sources are not allowed. Students have to rephrase arguments
and ideas from sources in their own words. Short quotes have to be provided with
quotation marks and a corresponding footnote.
6. When answering questions, students are expected to make use of the study guide
as well as all prescribed readings relevant to the question.
1
Open Rubric
, LJU4804 JANUARY FEBRUARY 2022
7. As a guideline, a 5 mark question should warrant at least a ½ typed page (1.5
spacing with standard margins) answer; a 10 mark question should contain at least
1 full typed page answer; a 15 mark answer should be about 2 typed pages long
and a 20 mark question should warrant about 3 typed pages. The portfolio should
therefore not contain more than 12 pages of substantive content. In addition to the
12 pages of content, you should add the title page, declaration of academic honesty
and a short bibliography. Students will be penalised for exceeding 12 pages of
substantive content.
8. Use proper language and grammar and make use of full sentences.
QUESTION 1
Instructions: Read the set of facts and answer the questions that follow.
Mr and Mrs Moloi got married in Mauritius while on holiday there in December 1982. The
ceremony was conducted by a friend of Mr Moloi, a marriage officer registered in South Africa
and who conducted the ceremony in compliance with the South African Marriage Act. At the
time of entering into the marriage, Mr and Mrs Moloi were both domiciled in England, but
citizens of Malawi. Shortly after their marriage, Mr and Mrs Moloi immigrated to South Africa
and established a domicile in Johannesburg. Two children were born from the marriage and
Mr Moloi stayed at home to look after the children, while Mrs Moloi worked as a chartered
accountant for a large firm and travelled extensively. In 2007, Mr Moloi instituted divorce
proceedings against Mrs Moloi in a South African High Court. Upon institution of the divorce
proceedings, Mr Moloi also claimed a redistribution of assets.
1.1 Which legal system applies to the formal validity of the parties’ marriage in terms of the
South African rules of private international law? Discuss if any possible exception applies. (6)
1.2 Assume that the rules of private international law of South Africa refer the determination
of the inherent validity of their marriage to Mauritian law, and that Mauritian law refers the
determination of inherent validity to English law. If South Africa follows a partial renvoi
approach, which legal system will be applied to the formal validity of the marriage? Discuss
briefly. (4)
2
, LJU4804 JANUARY FEBRUARY 2022
Assume for purposes of questions 1.3 – 1.5 their marriage is found to be formally and
materially valid.
1.3 Assume that redistribution of assets is classified as a divorce matter under English law
and as a proprietary consequence of marriage under South African law. Provide classification
tables for lex fori and lex causae classification. Which legal system should be applied to
redistribution of assets (South African law or English law) if the via media approach to
classification is followed? (12)
1.4 Mrs Moloi executed a will in France whilst domiciled in England. She retained her Malawian
citizenship throughout her life. The first will appoints Mr Moloi as her sole heir. The first will is
formally valid in terms of the law of place of execution. After the divorce Mrs Moloi executes a
second will that expressly revokes her first will. The second will appoints her children as the
sole heirs. At the time of execution and at the time of her death she was domiciled in South
Africa. The second will was formally invalid in terms of all its primary testing systems, but
formally valid in terms of the law of France. Will the revocation of her first will be regarded as
valid in terms of the Wills Act? If so, what would the effect be on the devolution of her estate?
(6)
1.5 Mrs Moloi gave Mr Moloi a Mercedes Benz vehicle shortly before him instituting divorce
proceedings. She disputes the validity of this gift. Which legal system governs donations
between spouses in terms of the South African rules of private international law? (2)
1.6 The connecting factor for proprietary consequences of marriage is in need of reform.
Discuss proposals for reform with reference to your prescribed reading material in this regard.
(10)
[40]
QUESTION 2
It is a well-known fact that international commercial arbitration is the preferred dispute
settlement method for international commercial disputes. Discuss whether the current South
3
PACK 2023
QUESTIONS
AND ANSWERS
, LJU4804 JANUARY FEBRUARY 2022
UNIVERSITY EXAMINATIONS
January / February 2022
PRIVATE INTERNATIONAL LAW PORTFOLIO
LJU4804
EXAMINERS:
FIRST: PROF MM WETHMAR-LEMMER
SECOND: PROF FT ABIOYE
EXTERNAL: PROF E SCHOEMAN (UP)
This paper consists of 5 pages.
The paper counts 80 marks.
The portfolio runs from 28 January 2022 to 7 February 2022.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
1. This portfolio is to be submitted before 23:55 on 7 February 2022. Students have to
submit this portfolio via myUnisa, no e-mailed portfolios may be accepted. No
extensions may be granted. It is the responsibility of the student to ensure that the
file submitted is not corrupted and can be opened for marking.
2. You will therefore be submitting this portfolio as Assignment 3 via myUnisa. When
you receive the portfolio, check whether your submission is open / available
and let your lecturers know immediately if your submission portal is not open.
3. The Declaration of Academic Honesty has to be signed and included in the
submission of the portfolio examination.
4. Proper footnote referencing has to be employed. This entails that every argument
or idea taken from another source, or any piece of information utilised from a source,
needs to be provided with a separate footnote reference.
5. Long quotes from sources are not allowed. Students have to rephrase arguments
and ideas from sources in their own words. Short quotes have to be provided with
quotation marks and a corresponding footnote.
6. When answering questions, students are expected to make use of the study guide
as well as all prescribed readings relevant to the question.
1
Open Rubric
, LJU4804 JANUARY FEBRUARY 2022
7. As a guideline, a 5 mark question should warrant at least a ½ typed page (1.5
spacing with standard margins) answer; a 10 mark question should contain at least
1 full typed page answer; a 15 mark answer should be about 2 typed pages long
and a 20 mark question should warrant about 3 typed pages. The portfolio should
therefore not contain more than 12 pages of substantive content. In addition to the
12 pages of content, you should add the title page, declaration of academic honesty
and a short bibliography. Students will be penalised for exceeding 12 pages of
substantive content.
8. Use proper language and grammar and make use of full sentences.
QUESTION 1
Instructions: Read the set of facts and answer the questions that follow.
Mr and Mrs Moloi got married in Mauritius while on holiday there in December 1982. The
ceremony was conducted by a friend of Mr Moloi, a marriage officer registered in South Africa
and who conducted the ceremony in compliance with the South African Marriage Act. At the
time of entering into the marriage, Mr and Mrs Moloi were both domiciled in England, but
citizens of Malawi. Shortly after their marriage, Mr and Mrs Moloi immigrated to South Africa
and established a domicile in Johannesburg. Two children were born from the marriage and
Mr Moloi stayed at home to look after the children, while Mrs Moloi worked as a chartered
accountant for a large firm and travelled extensively. In 2007, Mr Moloi instituted divorce
proceedings against Mrs Moloi in a South African High Court. Upon institution of the divorce
proceedings, Mr Moloi also claimed a redistribution of assets.
1.1 Which legal system applies to the formal validity of the parties’ marriage in terms of the
South African rules of private international law? Discuss if any possible exception applies. (6)
1.2 Assume that the rules of private international law of South Africa refer the determination
of the inherent validity of their marriage to Mauritian law, and that Mauritian law refers the
determination of inherent validity to English law. If South Africa follows a partial renvoi
approach, which legal system will be applied to the formal validity of the marriage? Discuss
briefly. (4)
2
, LJU4804 JANUARY FEBRUARY 2022
Assume for purposes of questions 1.3 – 1.5 their marriage is found to be formally and
materially valid.
1.3 Assume that redistribution of assets is classified as a divorce matter under English law
and as a proprietary consequence of marriage under South African law. Provide classification
tables for lex fori and lex causae classification. Which legal system should be applied to
redistribution of assets (South African law or English law) if the via media approach to
classification is followed? (12)
1.4 Mrs Moloi executed a will in France whilst domiciled in England. She retained her Malawian
citizenship throughout her life. The first will appoints Mr Moloi as her sole heir. The first will is
formally valid in terms of the law of place of execution. After the divorce Mrs Moloi executes a
second will that expressly revokes her first will. The second will appoints her children as the
sole heirs. At the time of execution and at the time of her death she was domiciled in South
Africa. The second will was formally invalid in terms of all its primary testing systems, but
formally valid in terms of the law of France. Will the revocation of her first will be regarded as
valid in terms of the Wills Act? If so, what would the effect be on the devolution of her estate?
(6)
1.5 Mrs Moloi gave Mr Moloi a Mercedes Benz vehicle shortly before him instituting divorce
proceedings. She disputes the validity of this gift. Which legal system governs donations
between spouses in terms of the South African rules of private international law? (2)
1.6 The connecting factor for proprietary consequences of marriage is in need of reform.
Discuss proposals for reform with reference to your prescribed reading material in this regard.
(10)
[40]
QUESTION 2
It is a well-known fact that international commercial arbitration is the preferred dispute
settlement method for international commercial disputes. Discuss whether the current South
3
