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Summary case of national director public prosecution v BOTHA
How does the criminal justice system deal with vulnerable groups such as lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI) community amongst others when they are victims of hate crimes?
“However, we need to examine our environment, and ask problematic questions such as,
“whose law?” Obviously, it’s the law of the dominant class in that society .
a. Which class does the South African law, including the constitution, serve? Explain fully.
“State” is a non-physical entity, an abstract notion or phenomenon created by citizens
through their deemed agreement (i.e. social contract).
(a) In the light of the above statement, explain the concept “state” fully, and say why the
agreement by citizens in this regard is said to be “deemed”.
1. Explain the concept ‘law” and thereby show how it is different from other social rules or norms.
A lockout declared in the consequences of an illegal strike and a strike declared in the consequences of an illegal lockout shall not deemed to be illegal. Justify this statement with logical Points.
Discuss the legal position of the following circumstances with the support of relevant legal
authorities:
(a) Rina wrongly places the price of RM60 on a handcrafted body lotion arranged on displayed
shelves in her beauty boutique. Her customer insists to buy at the price even though she
explains about the mistake and its real price is RM90.
(b) Ken sent an email to Cynta offering to buy her stamp collection at the price of RM500. Cynta
replies the email asking Ken to consider RM700 for the whole collection of her stamps. Upon
reading Cynta’s email, Ken decides to ignore the email and starts looking for other sellers
1. Explain whether an offer has been made in the following circumstances. Illustrate with decided
cases:
(a) Shasha advertises “Room to let, contact Shasha at 019-6091665”.
(b) Chong puts a CD in the shopping basket at the supermarket. At the cashier’s counter, he is told
that this is the last one and somebody has booked it.
(c) Daniel offered to sell his motorcycle to Joshua for RM 15, 000. Joshua told him that he would
pay only RM 12, 000.
Allison, a pregnant woman, was involved in a serious car accident last month. Her child, Zoe, was born three days after the accident with brain damage. Allison now wants to sue the Road Accident Fund, as she believes that the brain damage was caused by the accident. Will she be able to lodge a claim on behalf of a child who had not been born at the time of the accident? Provide authority for your answer
Susan is a paralegal in a one attorney office. She works for Mr. Robert Sharky. One Friday afternoon, attorney Sharky left early to take a flight to Las Vegas. He planned to be back on Monday. Bob Jones, one of the firm’s divorce clients, runs into the office and tells Susan he just shot his ex-wife when she came at him with a knife after an argument. He throws the smoking gun on the desk and asks Susan to hide it for him. Susan takes the gun and puts it into her desk drawer and locks the drawer. She plans to discuss the issue with her attorney when he gets back from his vacation on Monday. She tells Bob that the firm can help him avoid jail time since the wife instigated it and Bob shot her in self-defense. Bob leaves. That night Susan joins her friends for happy hour and tells them about what happened but she does not mention Bob’s name. After Susan tells the story, a news flash comes on the television at the bar and the story says the suspect in the wife shooting is Bob.
