FUR2601 Assignment 2 (QUALITY ANSWERS) Semester 2 2023

This document contains workings, explanations and solutions to the FUR2601 Assignment 2 (QUALITY ANSWERS) Semester 2 2023. For assistance call or us on ............... Question 1 What is the basis for the distinction between socio-economic rights on the one hand and civil and political rights on the other? (3) Question 2 What is the difference between formal equality and substantive equality? (2) Question 3 Ms S and Mr R are the parents to their minor child. Ms S and Mr R were never married and have since separated but have continued to act as co-parents to the minor child. Ms S has recently been promoted and her new position requires her to relocate to Kenya. Ms S wishes to move to Kenya with the minor child. Mr R has refused. Ms approaches the family advocate. She requests that the Family advocate investigate the best interests of the child regarding possible relocation to Kenya, under section 4 of the Mediation in Certain Divorce Matters Act 24 of 1987 (the Act). She is informed that under section 4 of the Act, the family advocate may only intervene in cases concerning divorced or married parents. Ms S approaches you for legal advice. (a) Ms S asks you which rights under the Bill of Rights are infringed by her and her child’s exclusion from the application of the Act. Name and identify two rights. (1/2) (b) You decide to institute proceedings raising the constitutional validity of section 4 of the Act. Which Court would you approach for relief on behalf of Ms S? Provide a reason for your answer. (1/2) (c) Does Section 4 of the Act amount to the infringement of the right to equality and non-discrimination? Discuss with reference to the test laid down in Harksen v Lane NO. Provide reasons for your answer. Half marks will be awarded (4) Total: 10 MARKS ADDITIONAL INFORMATION (QUESTION 3) Section 4 of the Act reads as follows: 4. Powers and duties of Family Advocates (1)The Family Advocate shall— (a)after the institution of a divorce action; or (b)after an application has been lodged for the variation, rescission or suspension of an order with regard to the custody or guardianship of, or access to, a child, made in terms of the Divorce Act, 1979 (Act No. 70 of 1979), if so requested by any party to such proceedings or the court concerned, institute an enquiry to enable him to furnish the court at the trial of such action or the hearing of such application with a report and recommendations on any matter concerning the welfare of each minor or dependent child of the marriage concerned or regarding such matter as is referred to him by the court. (2)A Family Advocate may— (a)after the institution of a divorce action; or (b)after an application has been lodged for the variation, rescission or suspension of an order with regard to the custody or guardianship of, or access to, a child, made in terms of the Divorce Act, 1979,if he deems it in the interest of any minor or dependent child of a marriage concerned, apply to the court concerned for an order authorizing him to institute an enquiry contemplated in subsection (1). (3)Any Family Advocate may, if he deems it in the interest of any minor or dependent child of a marriage concerned, and shall, if so requested by a court, appear at the trial of any divorce action or the hearing of any application referred to in subsections (1)(b) and (2)(b) and may adduce any available evidence relevant to the action or application and cross-examine witnesses giving evidence thereat.