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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 t...

Assignment 1 Discuss the general characteristics of customary law relating to, i) The unwritten nature of African customary law (6) ii) Customary law as an expression of community values (6) iii) The role of magico-religious conceptions of customary law (8) iv) Group orientation nature (5) [25] Question 2 Sello married Mapule by customary law in January 1999. He later also married Mpume by customary law rites on 10 December 2006. Three girls were born from the marriage with Mapule and ...

ASSIGNMENT 01 The Jaga v Dönges 1950 (4) SA 653 (A), which was delivered at the height of apartheid, remains important for the interpretation of statutes after the democratic transformation. Kindly read the case and answer the following questions. (a) BRIEFLY PROVIDE facts of the Jaga case. (6) (b) NAME AND DISCUSS the dominant interpretive approach before 1994 as followed by the majority in Jaga; (14) (c) NAME and DISCUSS the alternative interpretive approach as followed by the minorit...

Question 1 Ayanda and Cele were married in community of property in 1999 and a son, Dan was born in 2001 from this marriage. Ayanda and Cele were divorced later in 2001. Ayanda then married Ben out of community of property in 2003. Three children were born from their marriage, namely Xandi, Yvette and Zoya. Xandi had a child, Mary. In 2004, Ayanda and Ben made a mutual will in which they bequeathed their entire estates to each other. On 1 April 2022, Ayanda and Ben were divorced and on 1 M...

QUESTION 1 NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS (ESSAY) (a) Study Nemangwela v Road Accident Fund (437/2022) [2023] ZASCA (8 June 2023) case herein attached as well as the Road Accident Fund Act 56 of 1996 as amended and answer the question below: Write a critical appreciation/analysis of the court’s reasoning to disqualify the forklift as a motor vehicle for the purposes of claiming damages from the Road Accident Fund. Refer to the relevant case law and applicable legislation quo...

Question 1 Mr and Mrs Brown entered into a civil marriage without an antenuptial contract. At the time of entering into the marriage Mrs Brown was unaware of the fact that Mr Brown was already a party to another civil marriage in community of property. Mrs Brown found out about the other civil marriage after the death of Mr Brown. a) What type of marriage is Mr and Mrs Brown’s marriage? (1) b) Mrs Brown approaches you for advice. As her attorney, advise her what the patrimonial consequ...

Assignment 2 QUESTION 1 Nandi and Patricia want to start a catering business together called It-out (Pty) Ltd. Briefly explain the steps which they would need to take in order to incorporate a company. (5) QUESTION 2 The board of directors of Mongalo Estates (Pty) Ltd is contemplating selling 80 per cent of the company’s assets to Hinrich Schupple, a German businessman. Indicate what right the shareholders have who do not agree with the proposed sale, and what process they must follow....

Question 1 With reference to the relevant African customary law authorities, and while providing practical examples, critically discuss how South African courts have dealt with the application of the principle of male primogeniture. [20] Question 2 Critically discuss the differences between living customary law and official customary law. [15] Question 3 3.1 Study the provisions of the Traditional Leadership and Governance Framework Act 41 of 2003 as amended by Act 23 of 2009, as they r...

QUESTION 1 Discuss the causality (at the expense of requirement) requirement of enrichment liability. (10) QUESTION 2 In McCarthy Retail Ltd v Shortdistance Carriers CC 2001 (3) SA 482 (SCA) para [9] the court said: “We now know from the hard print that there is a common-law basis for the acceptance of a general enrichment action, at least one of a subsidiary nature. In this respect the decision of the majority in Nortje’s case has been shown by the then largely dormant authority to b...

QUESTION 1 John works at the control tower of the O.R. Tambo Airport. His responsibility is to regulate the movements of the aeroplanes landing and taking off. Due to a sudden sharp drop in John’s blood pressure, he loses consciousness for five minutes. During this period of unconsciousness, two aeroplanes collide because John did not give the pilots the correct instructions. Did John act for the purpose of the law of delict? Would it make a difference to your answer if John has already b...