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Section 1 1.1 C, an alleged member of the Live to Die gang, is arrested in Johannesburg, Gauteng, for the alleged murder of A during the gang-related altercation. Upon the police charging C, the prosecutor, P, is of the view that the case should be heard in the district court. Briefly discuss the accuracy or otherwise of the prosecutor’s view in this regard. (2) 8 CPR3701 Oct/Nov 2024 [TURN OVER] 1.2 In any instance where the DPP declines to prosecute for an alleged offence, the Cri...

LCP4804 QUESTIONS Question 1 With the aid of decided cases of critically discuss the differences between living customary law and official customary law and indicate why the living customary law is held to be more aligned to the transformative value of customary law in South Africa. [25] Question 2 Zanele and Buntu have been married for over five years under customary law. Buntu is considering marrying another wife. He wants to know if Zanele must give consent before he can conclude a furthe...

QUESTION 1: THE LEGAL PROFESSION 1.1 Read the following advertisement and answer the questions that follow: ADVERT: VACANT POSITION FOR A LEGAL PRACTITIONER (2 POSITIONS) Unisa Law Clinic has just launched a branch in Makhado, Limpopo, which forms part of the College of Law. This newly launched Law Clinic is a justice center accredited by the Legal Practice Council and is statutorily recognised in terms of the Legal Practice Act 28 of 2014 (as amended). UNISA’s Law Clinic requires the s...

MRL2601 October/November 2023 QUESTION 1 1.1 Beauty, Phineas and Samson are three friends who wish to start their own publishing company. While driving one Sunday afternoon, Samson comes across the perfect office building. He wishes to purchase this building on behalf of the proposed company. Advise Samson on the requirements that would need to be adhered to in terms of the Companies Act 71 of 2008 in order to conclude a valid and binding contract on the company’s behalf before its inc...

Question 1 Mr Nkosi, a retired attorney, owns a residential property in Pretoria. The Pienaars, own the house next to Mr Nkosi’s house. Mr Nkosi has a beautiful garden with very big Jacaranda trees. Although the Pienaars adore the trees, the branches are overhanging on their property. During the Spring season, hundreds of purple flowers end up falling on their lawn to make it look untidy. In summer the branches prevent their lawn from getting enough sunlight. There is also a very big Mar...

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 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...

A, B, C and D allegedly rob a Town Bank, which is located in the city of Cape Town. Members of the South African Police Services (SAPS) are called to the scene of the crime, during which a shoot-out ensues between police and the robbers. Two of the robbers, A and B manage to escape with an undisclosed amount of the loot. C who is holed up inside the bank, is arrested by Sgt. F, whilst trying to walk out through the main door of the bank. D (who is unarmed) is ordered by Capt. G to surrender...

QUESTION 1 According to recent statistics issued by the Department of Employment and Labour, unemployment in South Africa is sitting at 32.7 percent. This number includes both new and disgruntled graduates. The latter category has been seeking jobs for more than five years without success and has since gave up. In early 2023, a group of graduates formed a movement called Concerned Unemployed Graduates of South Africa (CUGSA) which demands that the government must make jobs available for all the...

QUESTION 1 On the morning of 2 July 2023, a cyclist, Mr John Barnes who is a member of a local bicycle club, “Easy Riders”, is riding on a public road in Lynnwood, Pretoria. Suddenly he is struck from behind by a speeding taxi with registration number BN264GP driven by Joe Speedy. The accident occurs on Lynnwood Road, Pretoria. Mr Barnes is injured as a result of the accident and his bicycle is damaged. Mr Barnes sustains the following injuries: a broken right leg, a broken pelvis, a ...

QUESTION: The estate of Mr. Diedericks has been finally sequestrated in May of 2023. Two trustees have been appointed for the insolvent’s estate. You are one of the trustees. Accordingly, the next step is that certain meetings of creditors should now take place. By referring to the general provisions relating to meetings, discuss: 1. The recording of proceedings that must be followed at every meeting; (5) 2. The date and venue of the meetings. (5)

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 tw...

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 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 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 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...