Law Answers

Read the set of facts and then answer the questions that follow:

Mr and Mrs Mooketsi got married in Mauritius in December 1982. At the time of

entering into the marriage they were both citizens of Botswana but domiciled in

England. Shortly after concluding the marriage, the parties relocated to

Johannesburg (South Africa) and established a domicile there. Two children were born out of the marriage

and Mrs Mooketsi looked after them full time. In 2017, Mrs Mooketsi instituted

divorce proceedings against Mr Mooketsi. She also claimed a redistribution of

assets. 

1.2 Assume that redistribution of assets is classified as a divorce matter under

English law and as a proprietary consequence of marriage under South

African law. Provide classification tables for lex fori and lex causae

classification. Which legal system should be applied to redistribution of assets

(South African law or English law) if the via media approach to classification is

followed? (15)

Mr and Mrs Mooketsi got married in Mauritius in December 1982. At the time of

entering into the marriage they were both citizens of Botswana but domiciled in

England. Shortly after concluding the marriage, the parties relocated to

Johannesburg (South Africa) and established a domicile there. Two children were born out of the marriage

and Mrs Mooketsi looked after them full time. In 2017, Mrs Mooketsi instituted

divorce proceedings against Mr Mooketsi. She also claimed a redistribution of

assets. 

1.2 Assume that redistribution of assets is classified as a divorce matter under

English law and as a proprietary consequence of marriage under South

African law. Provide classification tables for lex fori and lex causae

classification. Which legal system should be applied to redistribution of assets

(South African law or English law) if the via media approach to classification is

followed? (15)

2.1 The notion of "state capture", for instance, has been given a strange perception,

especially in the last few years in South Africa.

(a) Refer to current topical developments in south africa and discuss the above

statement.

The notion of "state capture", for instance, has been given a strange perception,

especially in the last few years in South Africa.

(a) Refer to current topical developments in the country and discuss the above

statement.

Members of Matsogo A Babereki (‘MAB’), who are employees of Excellent Appliances

(‘EA’), are engaged in a strike action to force EA to accept their demand of a 15% wage

increase. Members of Babereki Mmogo (‘BM’), who are employed by Good Logistics

(‘GL’), decide to support members of MAB and to pressurise EA to accept the demand by

members of MAB.

What type of action can members of BM use for this purpose and why? Furthermore,

discuss the requirements which members of BM should comply with for their action to be

protected under the LRA?

[10] marks

Expert's answer

Discuss offer and acceptance as the general principles in South African law that can results in the formation of valid contracts

Taylor and Weber’s scientific management system suggests that management should do all the thinking; they should set the goals, plan and supervise. It goes on to suggest that the workers should NOT think at all; they should just do the tasks required of them. Many theorists argued that the aim of Taylor and Weber, namely increased efficiency, would not be met if managers did not consider how their workers felt. Substantiate this statement with a practical example of a principal who imposes a certain decision on teachers and does not consider their feelings & paint a scenario that prove that teachers can never just teach without thinking about or carrying out other issues related to teaching and learning.   

Briefly discuss the common law principle of iustus causa or serious intention to conclude a contract

Trace the different individuals who served as National Director of Public

Prosecutions (NDPP) since 1994 and their relationships with the various

Presidents at the time. In this light, discuss the “power” of the office of the NDPP

in relation to nepotism, corruption and state capture.

Trace the different individuals who served as National director of public prosecutions NDPP since 1994