Assignment 1 PVL1501
Question 1
a) Synthia has to register the birth of the child because a child must live after the
separation of the mother and the body of the child even if for a short while for
the legal personality to begin and in terms of the Births and Deaths
Registration Act 51 of 1992, Home Affairs must be notified for every child who
was born alive.
b) The child will not be able to inherit from Charles’s estate because with the
nasciturus fiction if a child dies shortly after birth the nasciturus fiction is not
applicable because the child will not benefit from the application of the fiction
only the child’s intestate heirs will benefit and the nasciturus fiction must be
applied at the child’s advantage.
Question 2
Allison will be able to lodge a claim on behalf of the child who had not be born
at the time of the accident, the Road Accident Fund v Mtati case is applicable
in this scenario.
Question 3
a) Yes she can terminate the pregnancy, according to the Choice of Termination
of Pregnancy Act 92 of 1992.
b) Yes he may proceed with the termination because a pregnancy may be
terminated up to the 20th week if the pregnancy if a result of rape or incest.
c) A foetus has no constitutional rights because constitutional rights only applies
to legal subjects and an uborn child does not have rights prior to birth. In
Christian Lawyers Association of South Africa v The Minister of Health, the
court rejected that termination of pregnancy does not contravene with section
11 of the constitution because an unborn child has no rights prior to birth.
Question 4
a) Peter is domiciled in Durban because in Nefler v Nefler it was held that a
prisoner who has been imprisoned for life automatically acquire a domicile of
choice in prison.
b) Patricia is domiciled in Cape Town because according to the Domicile Act
mentally incapacitated person is domiciled to a place where they are closely
connected to.
Question 1
a) Synthia has to register the birth of the child because a child must live after the
separation of the mother and the body of the child even if for a short while for
the legal personality to begin and in terms of the Births and Deaths
Registration Act 51 of 1992, Home Affairs must be notified for every child who
was born alive.
b) The child will not be able to inherit from Charles’s estate because with the
nasciturus fiction if a child dies shortly after birth the nasciturus fiction is not
applicable because the child will not benefit from the application of the fiction
only the child’s intestate heirs will benefit and the nasciturus fiction must be
applied at the child’s advantage.
Question 2
Allison will be able to lodge a claim on behalf of the child who had not be born
at the time of the accident, the Road Accident Fund v Mtati case is applicable
in this scenario.
Question 3
a) Yes she can terminate the pregnancy, according to the Choice of Termination
of Pregnancy Act 92 of 1992.
b) Yes he may proceed with the termination because a pregnancy may be
terminated up to the 20th week if the pregnancy if a result of rape or incest.
c) A foetus has no constitutional rights because constitutional rights only applies
to legal subjects and an uborn child does not have rights prior to birth. In
Christian Lawyers Association of South Africa v The Minister of Health, the
court rejected that termination of pregnancy does not contravene with section
11 of the constitution because an unborn child has no rights prior to birth.
Question 4
a) Peter is domiciled in Durban because in Nefler v Nefler it was held that a
prisoner who has been imprisoned for life automatically acquire a domicile of
choice in prison.
b) Patricia is domiciled in Cape Town because according to the Domicile Act
mentally incapacitated person is domiciled to a place where they are closely
connected to.
