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Family Law
Mr and Mrs Sisulu entered into a civil marriage subject to the accrual system ten years ago. Mrs Sisulu resigned from her job as a teacher after the Sisulus’ only child, Lerato, was born. Lerato lives with severe physical and mental disabilities and requires constant care, which Mrs Sisulu provides to her. Lerato is eight years old now. The Sisulus live in a house Mr Sisulu inherited from his father. The house has been extensively adapted to accommodate Lerato’s needs. Two weeks ago, Mr Sisulu discovered that Mrs Sisulu has been having an affair with the father of one of Lerato’s school friends. Mr Sisulu has instructed Mrs Sisulu to move out of the matrimonial home with immediate effect. Fully advise Mrs Sisulu whether Mr Sisulu may eject her from the house.
Mary went for an interview and signed a letter of employment, a few days later she received a letter of acceptance, she resigned from her job in durban and sold her house in durban and moved to Johannesburg where the job is, however she received a letter stating that they made a mistake by sending her the letter of acceptance it was suppose to be send to another qualified candidate. Apply the indirect approach of the courts and refer to relevant case law, do not apply the consumer protection act68 of 2008
Answer the following questions that deal with domicile:
(a) Peter, a thirty-year-old male, has been living in Johannesburg since his birth. However, last year he was convicted of murder and is now serving a life sentence in Durban. Where is he domiciled? Provide authority for your answer. (2)
(b) Patricia, who is 27 years old, was born in Cape Town where she lived until she was involved in a serious car accident at the age of 25, as a result of which she became mentally incapacitated. Thereafter her parents, who now live in East London, sent her to live in a facility in George where she receives special care. She has been living there for the past two years. Where is Patricia domiciled? Provide a reason for your answer. (2)
Katlego, who is fifteen years old, is 19 weeks pregnant. She visits Dr Coleman, the local medical practitioner, to find out about termination of the pregnancy. Answer the following questions:
(a) She does not want to tell her parents about the pregnancy. May Dr Coleman terminate the pregnancy without her parents’ consent? Provide a reason for your answer. (2)
(b) Katlego tells Dr Coleman that the pregnancy is the result of her being raped by a family friend, and that she does not want to have the baby. However, Dr Coleman is concerned that the pregnancy is quite advanced. May he proceed with the termination under these circumstances? Provide a reason for your answer. (2)
(c) Katlego’s friend has told her that the foetus has constitutional rights that have to be considered before termination can take place. Briefly discuss this with reference to authority. (3)
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.
Thomas passed away last week without leaving a will. At the time his wife, Synthia, was pregnant. Consider each of the following scenarios and answer the questions: (a) Suppose that the child died in the nursery three hours after her birth. Does Synthia have to register the birth of the child? Provide a reason as well as authority for your answer. (3) (b) Suppose that the child died a day after the birth. Will the child be able to inherit from Thomas’ estate? Explain your answer in a brief paragraph.
Critique the notion of argumentum ad hominem.
List the documents that, although published in the Government Gazette, do not constitute legislation.
Discuss the implications of sections 30 and 31 of the Constitution for the recognition of customary law.
. Discuss the case and judgement in the case of Gumede v President of the Republic of South Africa & others (CCT 50/08 [2008] ZACC 23, 2009(3) BCLR 243, whilst addressing the following: (i) The facts of the case (5) (ii) The legal question that was answered by the court (7) (iii) The decision of the court and reasons for the judgement
