RRLLB81
Assignment 2 Semester 2 2025
Research Report
ALL TOPICS
Due Date: September 2025
TABLE OF CONTENTS (All Topics Answered)
Impeachable dispositions in Law of Insolvency .......................................................... 3
Jurisprudential development and recognition of the concept of legitimate expectation in
Labour matters ......................................................................................................... 19
The Nasciturus fiction and wrongful life .................................................................... 37
The Constitutional disparages in arranged marriages for disabled persons ............. 54
Re-evaluation of the broad principle of the right of accused to be represented ........ 74
Admittance of ―statements‖ evidence adduced by the accused and ordinary state witnesses
................................................................................................................................. 95
THE Doctrine of Functus Officio and Defective Administrative Actions in Administrative Law
............................................................................................................................... 115
Terms of use
The enforcement of the right to a healthy Environment ..........................................
By making use of this document 133you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
TABLE OF CONTENTS (All Topics Answered)
Impeachable dispositions in Law of Insolvency .......................................................... 3
Jurisprudential development and recognition of the concept of legitimate expectation
in Labour matters ..................................................................................................... 19
The Nasciturus fiction and wrongful life .................................................................... 37
The Constitutional disparages in arranged marriages for disabled persons ............. 54
Re-evaluation of the broad principle of the right of accused to be represented ........ 74
Admittance of ―statements‖ evidence adduced by the accused and ordinary state
witnesses ................................................................................................................. 95
THE Doctrine of Functus Officio and Defective Administrative Actions in
Administrative Law ................................................................................................. 115
The enforcement of the right to a healthy Environment .......................................... 133
THE PHILOSOPHY OF PUBLIC POLICY .............................................................. 153
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
Impeachable dispositions in Law of Insolvency
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: September 2025)
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
ABSTRACT
This research explores impeachable dispositions in South African insolvency law,
with a focus on whether the sale of an insolvent‘s asset at a bargain price can be set
aside under the Insolvency Act 24 of 1936. The study examines the legal principles
surrounding dispositions without value and the requirement of quid pro quo,
considering statutory provisions, judicial interpretation, and scholarly commentary.
Central to the analysis are landmark cases such as Bloom’s Trustee v Fourie 1921
TPD 599, Hendriks N.O. v Swanepoel 1962 (4) SA 338 (A), and the recent decision
in Strydom N.O. v Snowball Wealth (Pty) Ltd 2022 (5) SA 438 (SCA). By engaging
with academic works, including Hockly‘s Insolvency Law and Mars: Law of
Insolvency in South Africa, as well as recent journal discussions, the research
evaluates when dispositions should be impeached. The findings highlight the
delicate balance between contractual freedom and the protection of creditors in
insolvency proceedings.
KEYWORDS
Insolvency law
Impeachable dispositions
Dispositions without value
Quid pro quo
Creditors‘ protection
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 2 Semester 2 2025
Research Report
ALL TOPICS
Due Date: September 2025
TABLE OF CONTENTS (All Topics Answered)
Impeachable dispositions in Law of Insolvency .......................................................... 3
Jurisprudential development and recognition of the concept of legitimate expectation in
Labour matters ......................................................................................................... 19
The Nasciturus fiction and wrongful life .................................................................... 37
The Constitutional disparages in arranged marriages for disabled persons ............. 54
Re-evaluation of the broad principle of the right of accused to be represented ........ 74
Admittance of ―statements‖ evidence adduced by the accused and ordinary state witnesses
................................................................................................................................. 95
THE Doctrine of Functus Officio and Defective Administrative Actions in Administrative Law
............................................................................................................................... 115
Terms of use
The enforcement of the right to a healthy Environment ..........................................
By making use of this document 133you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
TABLE OF CONTENTS (All Topics Answered)
Impeachable dispositions in Law of Insolvency .......................................................... 3
Jurisprudential development and recognition of the concept of legitimate expectation
in Labour matters ..................................................................................................... 19
The Nasciturus fiction and wrongful life .................................................................... 37
The Constitutional disparages in arranged marriages for disabled persons ............. 54
Re-evaluation of the broad principle of the right of accused to be represented ........ 74
Admittance of ―statements‖ evidence adduced by the accused and ordinary state
witnesses ................................................................................................................. 95
THE Doctrine of Functus Officio and Defective Administrative Actions in
Administrative Law ................................................................................................. 115
The enforcement of the right to a healthy Environment .......................................... 133
THE PHILOSOPHY OF PUBLIC POLICY .............................................................. 153
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
Impeachable dispositions in Law of Insolvency
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: September 2025)
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
ABSTRACT
This research explores impeachable dispositions in South African insolvency law,
with a focus on whether the sale of an insolvent‘s asset at a bargain price can be set
aside under the Insolvency Act 24 of 1936. The study examines the legal principles
surrounding dispositions without value and the requirement of quid pro quo,
considering statutory provisions, judicial interpretation, and scholarly commentary.
Central to the analysis are landmark cases such as Bloom’s Trustee v Fourie 1921
TPD 599, Hendriks N.O. v Swanepoel 1962 (4) SA 338 (A), and the recent decision
in Strydom N.O. v Snowball Wealth (Pty) Ltd 2022 (5) SA 438 (SCA). By engaging
with academic works, including Hockly‘s Insolvency Law and Mars: Law of
Insolvency in South Africa, as well as recent journal discussions, the research
evaluates when dispositions should be impeached. The findings highlight the
delicate balance between contractual freedom and the protection of creditors in
insolvency proceedings.
KEYWORDS
Insolvency law
Impeachable dispositions
Dispositions without value
Quid pro quo
Creditors‘ protection
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
