Pvl 1501 assignment 1
QUESTION 1
1a. According to the Birth and Death Registration Act a double barrel surname can be used a
notice of the birth of the child can be used by parents who were married to each other or they
were together on conception the double barrel surname can be used .
b. In terms of the Birth and Death registration Act notice of birth can be given within 30 days by
both parents so as to use the surname Khumalo. Khumalo in this case can prove paternity since
he was not married to Baloyi at the time the child was conceived.
c. If it is a case of rape Daniel can be excluded as the father of the child according to Section 1
of the Children’s Act.
QUESTION 2
A.Case name: Christian Lawyers Association of SA v The Minister of Health
Facts:
Plaintiffs argued that human life starts at conception & that the Choice on Termination of
Pregnancy Act contravenes Sec 11 of the Constitution of Republic of South Africa 108 of
1996, which guarantees right to life.
Plaintiff’s sought a declaratory order striking down the Act in its entirety.
Defendants excepted to Plaintiffs particulars of claim on grounds that it didn’t disclose a
cause of action because Sec 11 doesn’t confer any right on a foetus and doesn’t
prevent term of pregnancy in circumstances and manner foreseen by the Act & that
Constitution protected woman’s right to choose to have her pregnancy term in the
circumstances and manner contemplated by the Act.
Legal Question
Does Choice on Term of Pregnancy Act contravene Sec 11 of Constitution?
QUESTION 1
1a. According to the Birth and Death Registration Act a double barrel surname can be used a
notice of the birth of the child can be used by parents who were married to each other or they
were together on conception the double barrel surname can be used .
b. In terms of the Birth and Death registration Act notice of birth can be given within 30 days by
both parents so as to use the surname Khumalo. Khumalo in this case can prove paternity since
he was not married to Baloyi at the time the child was conceived.
c. If it is a case of rape Daniel can be excluded as the father of the child according to Section 1
of the Children’s Act.
QUESTION 2
A.Case name: Christian Lawyers Association of SA v The Minister of Health
Facts:
Plaintiffs argued that human life starts at conception & that the Choice on Termination of
Pregnancy Act contravenes Sec 11 of the Constitution of Republic of South Africa 108 of
1996, which guarantees right to life.
Plaintiff’s sought a declaratory order striking down the Act in its entirety.
Defendants excepted to Plaintiffs particulars of claim on grounds that it didn’t disclose a
cause of action because Sec 11 doesn’t confer any right on a foetus and doesn’t
prevent term of pregnancy in circumstances and manner foreseen by the Act & that
Constitution protected woman’s right to choose to have her pregnancy term in the
circumstances and manner contemplated by the Act.
Legal Question
Does Choice on Term of Pregnancy Act contravene Sec 11 of Constitution?
