PVL1501/101/3/2017

Tutorial letter 101/3/2017

Law of Persons
PVL1501

Semesters 1 & 2

Department of Private Law

IMPORTANT INFORMATION:
This tutorial letter contains important information
about your module.

Define tomorrow
 CONTENTS

Page

1 INTRODUCTION .......................................................................................................................... 4
1.1 Tutorial matter............................................................................................................................... 4
2 PURPOSE OF AND OUTCOMES FOR THE MODULE................................................................ 5
2.1 Purpose ........................................................................................................................................ 5
2.2 Outcomes ..................................................................................................................................... 5
3 LECTURERS AND CONTACT DETAILS ..................................................................................... 6
3.1 Lecturers....................................................................................................................................... 6
3.2 Department ................................................................................................................................... 7
3.3 University ...................................................................................................................................... 7
4 FREE COMPUTER AND INTERNET ACCESS ............................................................................ 8
5 MODULE-RELATED RESOURCES ............................................................................................. 8
5.1 Study guide ................................................................................................................................... 8
5.2 Tutorial letters ............................................................................................................................... 8
5.3 Prescribed textbooks .................................................................................................................... 8
5.4 Recommended books ................................................................................................................... 9
5.5 Electronic reserves (e-reserves) ................................................................................................... 9
5.6 Prescribed cases .......................................................................................................................... 9
5.6.1 List of prescribed cases .............................................................................................................. 10
5.7 Important new developments ...................................................................................................... 11
5.7.1 Births and Deaths Registration Act ............................................................................................. 11
6 STUDENT SUPPORT SERVICES FOR THE MODULE ............................................................. 11
7 MODULE-SPECIFIC STUDY PLAN ........................................................................................... 11
8 ASSESSMENT ........................................................................................................................... 11
8.1 Assessment plan ........................................................................................................................ 11
8.2 General information regarding assignments ................................................................................ 11
8.2.1 General assignment numbers ..................................................................................................... 12
8.2.2 Unique assignment numbers ...................................................................................................... 12
8.2.3 Due dates of assignments........................................................................................................... 12
8.2.4 Submission of assignments ........................................................................................................ 13
8.2.5 Assessment of assignments ....................................................................................................... 13
8.2.6 Assessment criteria for problem-type questions .......................................................................... 14

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8.3 Assignments..17
9 EXAMINATION34
9.1 How will this work in practice?..................................................................................................... 34
9.2 The required subminimum with regard to your examination mark ............................................... 34
9.3 Examination period and supplementary examinations ................................................................ 35
9.4 Previous examination papers ...................................................................................................... 35
9.5 Tutorial letter with information on the examination ...................................................................... 35
10 FREQUENTLY ASKED QUESTIONS ........................................................................................ 35

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1 INTRODUCTION
Dear Student
We are pleased to welcome you to this module and hope that you will find it both interesting and
rewarding. We shall do our best to make your studies of Law of Persons successful. You will be
well on your way to success if you start studying early in the semester and resolve to do the
assignments properly.

You will receive a number of tutorial letters during the semester. A tutorial letter is our way of
communicating with you about teaching, learning and assessment.

Tutorial Letter 101 contains important information about the scheme of work, resources and
assignments for this module. We urge you to read it carefully and to keep it at hand when
working through the study material, preparing the assignments, preparing for the examination
and addressing questions to your lecturers.

Please read Tutorial Letter 301 in combination with Tutorial Letter 101 as it gives you generally
important information when studying at a distance and within a particular College.

In this tutorial letter (101), you will find the assignments and assessment criteria for both
semesters as well as instructions on the preparation and submission of the assignments. This
tutorial letter also provides all the information you need with regard to the prescribed study
material and other resources and how to obtain them. Please study this information carefully
and make sure that you obtain the prescribed material as soon as possible.

We have also included certain general and administrative information about this module. Please
study this section of the tutorial letter carefully.

Right from the start we would like to point out that you must read all the tutorial letters that you
will receive during the semester immediately and carefully, as they always contain important
and, sometimes, urgent information.

We hope that you will enjoy this module and wish you all the best!

1.1 Tutorial matter

The study material for this module consists of the following:

A study guide
Tutorial letters (which you will receive during the semester)
Two prescribed textbooks (these are essential and you must purchase them yourself
see par 5.3 below)

The Department of Dispatch should supply you with the following study material for this
module:

A study guide
Tutorial letters 101 and 301
Further tutorial letters

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 PVL1501/101

All the study material for this module will also be available electronically on myUnisa.

Once you have registered, Unisa will process your registration and send you your study material
by post or courier depending on the choice you indicated on your registration form. You will also
receive my Studies @ Unisa brochure. This brochure is also electronically available on the
Unisa website. It will provide you with an orientation for studying through Unisa and will help you
to plan your studies.

Please note: Your lecturers cannot help you with missing study material. You should
contact the Department of Dispatch. You may send an e-mail to
myUnisaHelp@unisa.ac.za for assistance with myUnisa and to
myLifeHelp@unisa.ac.za for assistance with the myLife account. Further
details are available in the my Studies @ Unisa brochure.

For information about your specific module related study material, see 4 MODULE RELATED
RESOURCES below.

2 PURPOSE OF AND OUTCOMES FOR THE MODULE

2.1 Purpose
The purpose of this module is for students to gain knowledge, skills and attitudes to analyse and
solve well-defined problems relating to the law of persons (including the beginning and end of
legal personality, and factors that affect a persons status) in South Africa.

2.2 Outcomes
A range of tasks in study guides and/or tutorial letters, assignments, and examinations will show
that students have achieved the outcomes.

Outcome 1:

Demonstrate a clear understanding of the legal principles of the South African law of persons,
including the beginning and end of legal personality and factors that affect a persons status.
Assessment criteria:
Legal problems and issues relating to the law of persons are identified in real or simulated
factual scenarios.
Terms, rules, concepts, established principles and theories related to the law of persons are
understood.

Students demonstrate an awareness of the value of the law of persons in the field of private
law.

Legal material related to the law of persons is critically analysed.

Information is presented and communicated reliably and coherently in professionally accepted

formats using basic information technology.

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Outcome 2:
Formulate legal arguments and apply their knowledge to practical, well-defined law of persons
problems.

Assessment criteria:

Well-defined problems relating to the law of persons are solved using correct procedures and
appropriate evidence.

Information is presented and communicated reliably and coherently in professionally accepted

formats using basic information technology.

Legal text is skilfully used to substantiate arguments and support solutions for specific law of
persons issues.

3 LECTURERS AND CONTACT DETAILS

3.1 Lecturers
Mr MT Skosana
Cas van Vuuren 6-26
Telephone number: 012 429-8430
E-mail: skosatm@unisa.ac.za

Prof S Ferreira
Cas van Vuuren 6-49
Telephone number: 012 429-8717
E-mail: ferres@unisa.ac.za

Prof JM Kruger
Cas van Vuuren 6-10
Telephone number: 012 429-8502
E-mail: krugejm1@unisa.ac.za

All queries that are not of a purely administrative nature but are about the contents of this
module should be directed to us. You may contact us by post, e-mail, telephone or on
myUnisa. Please have your study material and student number with you when you contact us.

You are welcome to visit us to discuss any queries about or problems with the module.
However, please make an appointment beforehand, otherwise you run the risk of the
lecturer not being available to see you. Our physical address is:

University of South Africa

Preller Street
Muckleneuk
PRETORIA

Our offices are on the 6th floor of the Cas van Vuuren building.

Telephone numbers are included above, and you may phone us at these numbers. You
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might also want to write to us. Letters should be sent to:

The Lecturer (PVL1501)

Department of Private Law
PO Box 392
UNISA
0003

Please note: Letters to lecturers may not be enclosed with or inserted into assignment
covers.

You may e-mail us at skosatm@unisa.ac.za.

You may send us a fax and our fax number is: 012 429-3393. Your correspondence
should be addressed to: The Lecturer (PVL1501).

You may contact your lecturers electronically via the myUnisa facility. The instructions for
sending us an e-mail are as follows:

Go to myUnisa .
Log in with your student number and password.
Select PVL1501 from the orange menu bar.
On the left-hand menu bar of the module page, select the Course contact option.
The next page is an automated e-mail page. The From and E-mail address fields are
automatically completed.
Complete the Message subject field.
Type your message in the space provided for Message.
Click on the Send Message button.
Your message will be forwarded to us.

3.2 Department
The Department of Private Law is situated in the Cas van Vuuren building on the 6 th floor.

3.3 University
If you need to contact the University administrative departments about matters not related to the
content of this module, please consult the my Studies @ Unisa brochure. This document
contains information on how to contact the University (e.g. to whom you can write for different
queries, important telephone and fax numbers, addresses and details of the times certain
facilities are open).

Physical address:

University of South Africa

Preller Street
Muckleneuk
PRETORIA

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Postal address:

University of South Africa

PO Box 392
UNISA
0003

Always have your student number handy when you call the University.

4 FREE COMPUTER AND INTERNET ACCESS

Unisa has entered into partnerships with establishments (referred to as Telecentres) in various
locations across South Africa to enable you (as a Unisa student) free access to computers and
the Internet. This access enables you to conduct the following academic-related activities:
registration; online submission of assignments; engaging in e-tutoring activities and signature
modules, et cetera. Please note that any activity other than the ones mentioned here is for your
own account, for example printing, photocopying, et cetera. For more information on the
Telecentre nearest to you, please visit www.unisa.ac.za/telecentres.

5 MODULE-RELATED RESOURCES
5.1 Study guide
For this module there is only one study guide that you will receive via the post or courier. It is
also available electronically on myUnisa. The study guide for Law of Persons contains three
parts, namely an introduction to the law of persons, the beginning and end of legal personality,
and factors which determine status. You must study this study guide very carefully. At the
beginning of the study guide you will find detailed instructions on how to use it. Please note
that references to Heaton (the textbook) in the study guide are references to the page
numbers and not to paragraphs or chapters in Heaton.

5.2 Tutorial letters

Apart from Tutorial Letters 101 and 301, you will also receive other tutorial letters during the
semester. These tutorial letters will not necessarily be available at the time of registration, but
will be posted to you and uploaded on myUnisa as soon as they are available or needed (for
instance, feedback on assignments).

Tutorial letters are part of your study material for assignment and examination purposes.
They are just as important as the study guide itself. Read and reread each tutorial letter
and keep it for reference purposes. Tutorial letters which contain additional study
material must be regarded as part of your study material for study and examination
purposes.

5.3 Prescribed textbooks

You cannot expect to be successful if you do not have the latest editions of the textbooks. It is
essential that you purchase them.

Your prescribed textbooks for this module for this semester are:

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(1) Heaton J The South African Law of Persons 4 ed (2012) LexisNexis Durban
(hereinafter Heaton)

AND

(2) Heaton J Casebook on the South African Law of Persons 4 ed (2012) LexisNexis
Durban (hereinafter casebook)

Please refer to the list of official booksellers and their addresses in the my Studies @ Unisa
brochure. If you have any difficulty obtaining books from these booksellers, please contact the
Prescribed Book Section as soon as possible at telephone number 012 429-4152 or email
address vospresc@unisa.ac.za.

5.4 Recommended books

There are no recommended books for this module.

5.5 Electronic reserves (E-Reserves)

There are no E-Reserves for this module.

5.6 Prescribed cases

In the study guide for PVL1501, you are told a little about the role of judgments or decisions of
the courts, which are contained in the law reports. The jurist constantly has to read these
judgments. They are an important source of our knowledge of the law as applied by the courts.
You must also learn from the outset how to deal with a judgment. However, in this module we
do not wish to overburden you with the reading of judgments.

Below follows a list of the prescribed cases for Law of Persons. You have to study these
prescribed cases in the way that they appear in your casebook. The number in square
brackets indicates the number of the case in the casebook. The library will not provide
you with photocopies of these cases.

It is compulsory that you study the cases listed below. You must study the cases in conjunction
with the study guide and textbooks. This will help you to gain greater insight into the relevant
principles and their application. For the purposes of assignments and examinations, a
thorough knowledge of these cases is essential! You should also bear in mind that the
cases discussed in your study guide, in Heaton and in the notes in the casebook which
do not appear in the list below are also important and should not be ignored. They must
be studied to the extent that they appear in your study guide, Heaton or your casebook.
Decisions by our courts are an important source of authority for the different issues on which the
court must make decisions. When a case dealing with a certain aspect is discussed in the study
guide or in a prescribed textbook, we expect you to refer to such a case as authority for that
specific aspect both in written assignments and in the examination, even if such a case is not
one of your prescribed cases.

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5.6.1 List of prescribed cases

(1) Ex Parte Boedel Steenkamp 1962 (3) SA 954 (O) (casebook [1])

(2) Road Accident Fund v Mtati 2005 (6) SA 215 (SCA) (also reported as Road Accident
Fund v M obo M [2005] 3 All SA 340 (SCA)) (casebook [2])

(3) Christian Lawyers Association of South Africa v The Minister of Health (first Christian
Lawyers case) 1998 (11) BCLR 1434 (T), 1998 (4) SA 1113 (T) (casebook [3])

(4) Christian Lawyers Association v Minister of Health (second Christian Lawyers case)
2004 (10) BCLR 1086 (T) (also reported as Christian Lawyers Association of South Africa
v The Minister of Health (Reproductive Health Alliance as Amicus Curiae) 2005 (1) SA
509 (T) (casebook [4])

(5) Re Beaglehole 1908 TS 49 (casebook [5])

(6) Ex Parte Pieters 1993 (3) SA 379 (D) (casebook [6])

(7) S v L 1992 (3) SA 713 (E) (casebook [18])

(8) YM v LB 2010 (6) SA 338 (SCA) (casebook [20)]

(9) Fraser v Childrens Court, Pretoria North 1997 (2) SA 261 (CC) (casebook [21])

(10) Motan v Joosub 1930 AD 61 (casebook [22])

(11) Petersen v Maintenance Officer [2004] 1 All SA 117 (C); 2004 (2) BCLR 205 (C) (also
reported as Petersen v Maintenance Officer, Simons Town Maintenance Court 2004 (2)
SA 56 (C)) (casebook [23])

(12) FS v JJ 2011 (3) SA 126 (SCA) (casebook [24])

(13) Louw v MJ & H Trust 1975 (4) SA 268 (T) (casebook [31])

(14) Edelstein v Edelstein 1952 (3) SA 1 (A) (casebook [32])

(15) Wood v Davies 1934 CPD 250 (casebook [33])

(16) Shange v MEC for Education, KwaZulu-Natal 2012 (2) SA 519 (KZD) (casebook [37])

(17) Dickens v Daley 1956 (2) SA 11 (N) (casebook [39])

(18) Watson v Koen h/a BMO 1994 (2) SA 489 (O) (casebook [42])

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5.7 Important new developments

5.7.1 Births and Deaths Registration Act

New regulations on Registration of Births and Deaths were published in the Government
Gazette on 26 February 2014. In terms of these regulations, notice of birth of every child who is
born alive must, where possible, be given by both parents to the Director-General of Home
Affairs. (See Heaton 2.2 on page 8).

6 STUDENT SUPPORT SERVICES FOR THE MODULE

Important information appears in your my Studies @ Unisa brochure.

An E-tutor system has been introduced to enhance the learning experience for Unisa students.
Students registered for PVL1501 will be linked to an E-tutor on the E-tutor site where they will
have the opportunity to interact with their E-tutor and other students registered for the same
module in an online environment. Once you have been registered for this module, you will be
allocated to an E-tutor together with a group of students for the semester. Thereafter you will
receive an sms informing you to which group you have been allocated, the name of your E-tutor
and instructions on how to log onto myUnisa in order to receive further information on the E-
tutoring process.
Online discussions are conducted by qualified E-Tutors who are appointed by Unisa and are
offered free of charge. In order to be able to participate in E-tutoring, you only need a computer
with internet connection. If you live close to a Unisa regional Centre or a Telecentre contracted
with Unisa, you may visit any of these to access the internet.

It is recommended that all students participate in the online discussions on the E-tutor site. All
enquiries of an academic nature should be directed to your E-tutor and not to your lecturer.

7 MODULE-SPECIFIC STUDY PLAN

Please refer to your my Studies @ Unisa brochure for general time management and planning
skills.

8 ASSESSMENT
8.1 Assessment plan
Your final mark will comprise of one written assignment, one multiple-choice assignment and a
written examination of two hours. First examiners set and assess the assignments and
examination. In the case of examinations, second examiners are used to moderate questions,
the marking process and the marked scripts. All examiners are senior academics or specialists
in the field.

8.2 General information regarding assignments

Assignments are seen as part of the learning material for this module. As you do the
assignments, study the reading texts, consult other resources, discuss the work with fellow
students or tutors or do research, you are actively engaged in learning. Looking at the

11
assessment criteria given for each assignment will help you to understand what is required of
you more clearly.

In some cases, additional assessment might be available on the myUnisa site for your module.
Tutors may also set additional tasks and give feedback.

Please note: If you have any enquiries about assignments, you might find information
on myUnisa. To go to the myUnisa website, start at the main Unisa
website, http://www.unisa.ac.za, and then click on the login to myUnisa
link under the myUnisa heading on the screen. This should take you to the
myUnisa website. You can also go there directly by typing in
http://my.unisa.ac.za.

You are strongly advised to visit the myUnisa site for Law of Persons
regularly as important announcements regarding the course are posted
here.

8.2.1 General assignment numbers

You have two assignments for this module, Assignment 01 and Assignment 02. Depending on
which semester you are registered for, please make sure that you complete the correct
assignments.

8.2.2 Unique assignment numbers

The unique numbers for the assignments are:

First semester:

o Assignment 01: 744814

o Assignment 02: 852009

Second semester:

o Assignment 01: 696573

o Assignment 02: 569467

8.2.3 Due dates of assignments

The due dates for the submission of the assignments are:

First semester:

o Assignment 01: 27 March 2017

o Assignment 02: 13 April 2017

Second semester:

o Assignment 01: 28 August 2017

o Assignment 02: 18 September 2017

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8.2.4 Submission of assignments

Assignments that are not submitted electronically, should be addressed to:

The Registrar
PO Box 392
UNISA
0003

You may submit your assignments either by post, by mobile phone (MCQ submission only)
or electronically via myUnisa. You are however, strongly advised to submit all assignments
electronically. If you submit your assignments electronically it has the advantage that you will
have proof that you have submitted your assignment and the assignment can always be
retrieved. Assignments may not be submitted by fax or e-mail. Assignments may not be
posted together in one envelope. Each assignment for each module has to be posted
separately.

Please note that written assignments (i.e. assignment 01) that are submitted
electronically on myUnisa must be in PDF format (but not in read only format). If
these assignments are submitted electronically in any other format, they will not be
registered, but will be returned to you and will not be marked.

For detailed information and requirements with regard to assignments see my Studies @ Unisa.
If you have any queries regarding the submission of assignments you may send an e-mail to
assign@unisa.ac.za.

To submit an assignment via myUnisa:

Go to myUnisa.
Log in with your student number and password.
Select the module from the orange bar.
Click on assignments in the menu on the left-hand side of the screen.
Click on the assignment number you wish to submit.
Follow the instructions.

Please note: You may resubmit your assignment until the closing date of that
particular assignment. However, you should bear in mind that when
you resubmit an assignment, your previous assignment will be
cancelled. Do not try to resubmit an assignment after the closing
date, since this will result in your assignment being cancelled
altogether and the system will not accept your resubmission. Your
assignment will then not be marked at all.

8.2.5 Assessment of assignments

Although students may work together when preparing assignments, each student must write
and submit his or her own individual assignment. In other words, you must submit your own
ideas in your own words, sometimes interspersing relevant short quotations that are properly
referenced. It is unacceptable for students to submit identical assignments on the basis that
they worked together. That is copying (a form of plagiarism) and none of these assignments will
be marked. Furthermore, you may be penalised or subjected to disciplinary proceedings by the
University.
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Markers will comment constructively on each individual written assignment. Closer to the
examination a follow-up tutorial letter with detailed feedback on both assignments will be sent to
you and it will also be available on myUnisa. Please check your answers as soon as the
commentaries are available. The assignments and the feedback on these assignments
constitute an important part of your learning and should help you to be better prepared for the
next assignment and the examination. The feedback on the self-assessment assignment is
also included in that tutorial letter. This will enable you to mark your assignment as soon as
you have completed it.

If you submitted assignment 01 electronically, the marked assignment will be returned to you
electronically by the marker.

8.2.6 Assessment criteria for problem-type questions

First semester:
Assignment 01: Question 2

Assessment criteria Not yet Partially Achieved

achieved achieved

Correctly indicating whether Peter can 0 - 1

inherit from Mr Modise.

Providing reasons for your answer. 0 0.5-2.5 3

Providing authority for your answer. 0 - 1

Assignment 01: Question 3

Assessment criteria Not yet Partially Achieved

achieved achieved

Correctly indicating whether Mr 0 - 1

Levensons marriage would be valid.

Providing reasons for your answer. 0 - 1

Providing authority for your answer. 0 - 1

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Assignment 01: Question 4

Assessment criteria Not yet Partially Achieved

achieved achieved

Correctly indicating where Sipho is 0 - 1

domiciled.

Providing reasons for your answer. 0 0.5-1.5 2

Providing authority for your answer. 0 - 1

Assignment 01: Question 5

Assessment criteria Not yet Partially Achieved

achieved achieved

Proper use of language, sentence 0 0.5 1

construction, punctuation, and spelling.

Reflecting answers in your own words. 0 0.5 1

Second semester:
Assignment 01: Question 2(a)

Assessment criteria Not yet Partially Achieved

achieved achieved

Correctly indicating which procedure has 0 0.5-1.5 2

to be followed to register Camilla under
her fathers surname.

Providing authority for your answer. 0 - 1

Assignment 01: Question 2(b)

Assessment criteria Not yet Partially Achieved

achieved achieved

Correctly indicating which procedure has 0 0.5-3.5 4

to be followed to change Camillas

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 surname.

Assignment 01: Question 4

Assessment criteria Not yet Partially Achieved

achieved achieved

Correctly indicating where Charlie is 0 - 1

domiciled.

Providing a reason for your answer. 0 - 1

Providing authority for your answer. 0 - 1

Assignment 01: Question 5

Assessment criteria Not yet Partially Achieved

achieved achieved

Proper use of language, sentence 0 0.5 1

construction, punctuation, and spelling.

Reflecting answers in your own words. 0 0.5 1

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8.3 Assignments

ASSIGNMENT 01 FIRST SEMESTER

DUE DATE: 27 MARCH 2017

NO EXTENSION

COMPULSORY ASSIGNMENT

UNIQUE NUMBER: 744814

Please note: This is a compulsory assignment for PVL1501 and it counts 10% towards
your final mark for this module.

This assignment should be submitted by all students registered for the FIRST
SEMESTER.

Please fill in the correct unique number on the cover of your assignment.

This is a written assignment. For instructions on the submission of written assignments,

please see my Studies @ Unisa.

We shall supply you with detailed personal comments on the assignment itself. Detailed
general comments will be available electronically at a later stage in in a follow-up tutorial
letter.

It is not necessary that you provide a list of sources or footnotes in your assignment.

Please note that 90% of the mark for the assignment (ie 18 out of 20) will be awarded for
content. The rest of the mark (i.e. 10% or 2 out of 20) will be allocated for language. It is
therefore of the utmost importance that you prepare a carefully formulated,
grammatically correct answer. You must, as far as possible, use your own words when
you answer the assignment. If you merely copy sections of the study guide or textbook, you
will be penalised.

This assignment covers study units 2 to 9 in the study guide.

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QUESTIONS FOR ASSIGNMENT 01 FOR THE FIRST SEMESTER:

Please refer to the marking rubrics above before you attempt to answer the questions
below.

Please note: the total for this assignment is 20 marks. The first four questions below add
up to 18 marks. The other two marks will be awarded for language and grammar.

Question 1

List the three entities that are recognised as juristic persons in our law, and provide an example
of each. [6]

Question 2

Mr Modises will contains the following clause: My daughter, Linda, inherits R900 000 and her
children who are alive at the date of my death, each inherits R400 000.

Mr Modise dies on 15 April 2016. Lindas third child, Peter, is born on 18 May 2016. Linda has
two other children, Vusi and Sarah. Is Peter entitled to inherit from Mr Modise? Explain your
answer with reference to authority. [5]

Question 3

Mrs Levenson has been missing for 20 years. An inquest is held by a magistrate and a finding is
made in terms of section 18 of the Inquests Act 58 of 1959. This finding is confirmed by the
High Court. Mr Levenson now wishes to get married. Advise him whether such a marriage
would be valid. Explain your answer with reference to authority. [3]

Question 4

Sipho is the seven-year-old son of a divorced couple. His father lives in Johannesburg but he
lives with his mother in Cape Town. Where is Sipho domiciled? Explain your answer with
reference to authority. [4]

Question 5

For this question you need not provide an answer. You only have to write down the word
Language here. A mark will be allocated for language based on your answer on questions 1 to
4 of this assignment. [2]

TOTAL ASSIGNMENT 01: [20]

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ASSIGNMENT 02 FIRST SEMESTER

DUE DATE: 13 APRIL 2017

NO EXTENSION
COUNTS TOWARDS YOUR SEMESTER MARK

UNIQUE NUMBER: 852009

Please note: This assignment for PVL1501 counts 10% towards your final mark for this
module.

This assignment should be submitted by all students registered for the FIRST
SEMESTER.

Since this is a multiple-choice assignment, it must be completed on a mark-reading

sheet.

Please write the correct unique number for this assignment on the mark-reading sheet.

This assignment covers study units 2 to 14 in the study guide.

QUESTIONS FOR ASSIGNMENT 02 FOR THE FIRST SEMESTER:

Question 1

Indicate which one of the following entities is not recognised as juristic person:

[1] Capitec Bank

[2] Sithole and Sons Partnership

[3] The University of Pretoria

[4] The National Union of Mineworkers (2)

Question 2

Which one of the following is not a requirement for the beginning of legal personality?

[1] The birth must be fully completed.

[2] There must be a complete separation between the body of the mother and the child.

[3] The child must live after the separation, even if only for a short period.

[4] The umbilical cord must have been cut. (2)

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Question 3

In which one of the following cases did the court decide that a mother cannot waive her unborn
childs right to claim maintenance?

[1] Ex parte Boedel Steenkamp

[2] Shields v Shields

[3] Chisholm v East Rand Proprietary Mines

[4] Friedman v Glicksman (2)

Question 4

Indicate which one of the following statements is correct:

[1] Before a judicial officer may record a finding in terms of the Inquests Act 58 of 1959 that
a person is presumably dead, it must be proven on a balance of probabilities that the
person is dead.
[2] If a common-law presumption of death is expressed, the court which granted such an
order may, at its own initiative, make an order for the dissolution of the missing persons
marriage.
[3] Once someone has been presumed dead by the High Court, even if it later transpires
that he or she is still alive, the court order is final and can never be set aside.
[4] If there is no evidence to the contrary, our courts will find that commorientes died
simultaneously. (2)

Question 5

Legal capacity can be defined as

[1] the capacity to perform valid juristic acts

[2] the capacity to appear in court as a party to a lawsuit

[3] the capacity to be held accountable for crimes and delicts

[4] the capacity to have rights and duties (2)

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Question 6

All the statements below deal with domicile. Indicate which one of the following statements
regarding domicile is incorrect?

[1] A person can relinquish his or her previous domicile before acquiring a new domicile.

[2] No one can have a domicile in more than one place at the same time.

[3] Everyone must have domicile at all times.

[4] The changing of a persons domicile is never accepted without proof. (2)

Question 7

In which one of the following scenarios is the child considered to be a child born of unmarried
parents?

[1] Anne was artificially inseminated with the semen of her civil union partner, Simon. As a
result of the artificial insemination Anne gave birth to a baby girl, Chloe. Simon did not
consent to his semen being used for the artificial insemination.
[2] Gloria and Anna entered into a valid civil union. Gloria was artificially inseminated with
donor sperm and as a result of the artificial insemination gave birth to a baby boy,
Thomas. Anna consented to the artificial insemination of Gloria.
[3] Maria and Gugu are same-sex life partners who did not enter into a valid civil union.
Maria was artificially inseminated with donor sperm and as a result of the insemination
gave birth to a baby girl, Alexandra. Gugu consented to the artificial insemination of
Maria.
[4] Tommy and Lucile entered into a valid civil marriage. Lucile was artificially inseminated
with donor sperm and as a result of the artificial insemination gave birth to a baby girl,
Paige. Tommy consented to the artificial insemination of Lucile. (2)

Question 8

In which one of the following cases did the court authorise DNA tests on skin, blood and muscle
samples of a man who had been killed in a motor vehicle accident?

[1] MvR

[2] YM v LB

[3] Ex parte Pieters

[4] Ex parte Emmerson (2)

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Question 9

An infans can be defined as

[1] a child younger than one year

[2] a child younger than seven years

[3] a child younger than 14 years

[4] a child younger than 18 years (2)

Question 10

Lindiwe is six years old. Which one of the following contracts is valid?

[1] Lindiwe buys a tricycle from a dealer without her fathers assistance.

[2] Lindiwes father buys a tricycle from a dealer on her behalf.

[3] Lindiwe buys a tricycle from a dealer with her fathers assistance.

[4] Lindiwe accepts a tricycle donated to her by her uncle, without any assistance. (2)

TOTAL ASSIGNMENT 02: [20]

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 PVL1501/101

ASSIGNMENT 01 SECOND SEMESTER

DUE DATE: 28 AUGUST 2017
NO EXTENSION
COMPULSORY ASSIGNMENT

UNIQUE NUMBER: 696573

Please note: This is a compulsory assignment for PVL1501 and it counts 10% towards
your final mark for this module.

This assignment should be submitted by all students registered for the SECOND
SEMESTER.

Please fill in the correct unique number on the cover of your assignment.

This is a written assignment. For instructions on the submission of written assignments,

please see my Studies @ Unisa.

We shall supply you with detailed personal comments on the assignment itself. Detailed
general comments will be available at a later stage in a follow-up tutorial letter.

It is not necessary that you provide a list of sources or footnotes in your assignment.

Please note that 90% of the mark for the assignment (i.e. 18 out of 20) will be awarded for
content. The rest of the mark (ie 10% or 2 out of 20) will be allocated for language. It is
therefore of the utmost importance that you prepare a carefully formulated,
grammatically correct answer. You must, as far as possible, use your own words when
you answer the assignment. If you merely copy sections of the study guide or textbook, you
will be penalised.

This assignment covers study units 2 to 9 in the study guide.

QUESTIONS FOR ASSIGNMENT 01 FOR THE SECOND SEMESTER:

Please refer to the marking rubrics above before you attempt to answer the questions
below.

Please note: the total for this assignment is 20 marks. The first four questions below add
up to 18 marks. The other two marks will be awarded for language.

Question 1

Define the following concepts and provide an example of each:

(a) natural person (2)

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(b) juristic person (2)
[4]

Question 2

(a) Lisa Lewis and John Morgan were involved in an extra-marital relationship as a result of
which a baby girl, Camilla, was born. Although they ended their relationship shortly after
Lisa found out that she was pregnant, Lisa and John want to register their daughter as
Camilla Morgan. With reference to authority, explain the procedure they have to follow to
have Camilla registered under her fathers surname. (3)

(b) When Camilla was two years old, Lisa entered into a civil marriage with Thomas
Markram. Lisa has since changed her surname to Markram and would like to have
Camillas surname changed to Markram as well. Advise her on the procedure she needs
to follow to have her daughters surname changed. (4)
[7]

Question 3

Distinguish between common-law and statutory procedures relating to presumption of death. In

your answer, point out the differences between the two procedures with reference to the
following questions:

(a) Who takes the initiative to approach the court for a presumption of death? (2)

(b) What is the burden of proof in the common-law and statutory procedures respectively? (2)
[4]

Question 4

Charlie is serving a life sentence for murder in Pollsmoor Prison in Cape Town. With reference
to case law, explain where Charlie is domiciled. [3]

Question 5

For this question you need not provide an answer. You only have to write down the word
Language here. A mark will be allocated for language based on your answer on questions 1 to
4 of this assignment. [2]

TOTAL ASSIGNMENT 01: [20]

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ASSIGNMENT 02 SECOND SEMESTER

DUE DATE: 18 SEPTEMBER 2017
NO EXTENSION
COUNTS TOWARDS YOUR SEMESTER MARK

UNIQUE NUMBER: 569467

Please note:This assignment for PVL1501 counts 10% towards your final mark for this
module.

This assignment should be submitted by all students registered for the SECOND
SEMESTER.

Since this is a multiple-choice assignment, it must be completed on a mark-reading sheet.

Please write the correct unique number for this assignment on the mark-reading sheet.

This assignment covers study units 2 to 14 in the study guide.

QUESTIONS FOR ASSIGNMENT 02 FOR THE SECOND SEMESTER:

Question 1

Kgomotso Makwela and Precious Matlala are married. They are the parents of a baby boy,
Malcolm. Indicate under which one of the following names Malcolm may not be registered:

[1] Malcolm Makwela

[2] Malcolm Matlala

[3] Malcolm X

[4] Malcolm Matlala-Makwela (2)

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Question 2

In which one of the following cases was it held that a child whose father was killed prior to his or
her birth as a result of someone elses delict has an action for damages for loss of support
against the person who committed the delict?

[1] Shields v Shields

[2] Road Accident Fund v Mtati

[3] Friedman v Glicksman

[4] Chisholm v East Rand Proprietary Mines Ltd (2)

Question 3

A common-law presumption of death may be granted by the courts

[1] when any interested party approaches the relevant division of the High Court for such an
order

[2] when a magistrate is of the opinion that someones death was due to unnatural causes

[3] when a missing person has been absent for a period of at least seven years

[4] when the relevant court is certain beyond a reasonable doubt that the person is dead (2)

Question 4

This question deals with the duty to bury the deceased. Ntando passed away at the age of 65,
leaving behind three heirs: his sons Madoda and Sandile, and his wife Tebogo. Ntando left clear
instructions in his will that, in the event of his death, he should be buried next to his late mother
and father in Bisho in the Eastern Cape. Following his death, his heirs cannot agree on the
burial arrangements. Madoda wants to have his father buried in Cape Town, while Sandile
wants his father buried in Pretoria. Tebogo wants to return to her birth town of Mokopong, and
wants to bury her late husband there. As their legal advisor, you should advise the family that
Ntando should be buried in

[1] Cape Town

[2] Bisho
[3] Pretoria
[4] Mokopong (2)

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 PVL1501/101

Question 5

Legal capacity can be defined as

[1] the capacity to perform valid juristic acts

[2] the capacity to appear in court as a party to a lawsuit

[3] the capacity to be held accountable for crimes and delicts

[4] the capacity to have rights and duties (2)

Question 6

Amy is 25 years old and mentally incapacitated. She was born in East London and lived there
with her parents until they divorced eight years ago. After the divorce, her mother moved to Port
Elizabeth and her father moved to Cape Town. Amy has been living with her sister in Kimberley
for the past eight years. Amy is domiciled in

[1] Kimberley

[2] Cape Town

[3] Port Elizabeth

[4] East London (2)

Question 7

Ben and Anna are married. Anna gives birth to a boy, Alex. Ben is certain that Alex is not his
child. Which one of the following can he use to validly prove that Alex is not his child?

[1] Ben can prove that he used contraceptives when Alex could have been conceived.

[2] Ben can prove that Anna also had intercourse with Steve when Alex could have been
conceived.

[3] Ben can allege that Alex does not resemble him, but looks a lot like Steve.
[4] Ben can prove that he did not have intercourse with Anna when Alex could have been
conceived. (2)

27
Question 8

Both unmarried parents have a duty to support their child. If the parents or their estates are
unable to support the child, this duty passes to the childs grandparents. Indicate in which one
of the following cases it was held that this duty passes to both paternal and maternal
grandparents:

[1] Nell v Nell

[2] Motan v Joosub

[3] Van der Harst v Viljoen

[4] Petersen v Maintenance Officer (2)

Question 9

In terms of section 28(2) of the Constitution of the Republic of South Africa, 1996, a childs best
interests are of ..... importance in every matter concerning the child:

[1] primary

[2] paramount

[3] absolute

[4] utmost (2)

Question 10

Indicate the correct statement:

[1] Ben, who is six years old, has limited capacity to act.

[2] Sara, who is eight years old, has limited capacity to act.

[3] Mateo, who is 18 years old, has limited capacity to act.

[4] Brendon, who is 20 years old, has limited capacity to act. (2)

TOTAL ASSIGNMENT 02: [20]

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 PVL1501/101

SELF-ASSESSMENT ASSIGNMENT FIRST AND SECOND SEMESTERS

This is a self-assessment assignment. This means that you MUST NOT submit this
assignment. If you submit it, it will be returned to you and will not be marked. You can
assess it yourself (see below). We want to stress once more that this assignment is not
compulsory and must not be submitted.

There are three assignments for this module, but only two of them contribute to your semester
mark, namely assignment 01 and assignment 02. We provided you with these assignments
above. The self-assessment assignment is not compulsory. That means that you must not
submit your answers to the University. You must answer the questions and then mark your own
answers, using the memorandum that will be available in a later tutorial letter.

Please note that the mark you allocate to the self-assessment assignment is of no importance
to us, since it does not contribute to your semester mark. It is also not taken into account in
determining whether or not you are allowed to write the examination. It is, however, very
important that you do this assignment, as it will assist you with your preparations for the
examination.

The self-assessment assignment is partly based on a previous examination paper. You

will receive detailed commentary on this assignment in a later tutorial letter.

QUESTIONS FOR SELF-ASSESSMENT ASSIGNMENT

Question 1

(a) Grace and Frank Blake were married. A daughter, Cynthia Blake, who is now six years
old, was born from the marriage. Grace and Frank recently got divorced. Grace plans to
marry Brian Smith. She also wants to change her surname to Smith. She wants to
change Cynthias surname to correspond with her new surname. Grace approaches you
for advice. Advise her on the procedure she has to follow to change Cynthias surname
to Smith. (4)

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

29
____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

(b) In terms of the Sterilisation Act 44 of 1998 there are specific provisions regarding the
sterilisation of a person who is incapable of consent or incompetent to consent. List the
three criteria that have to be present before a sterilisation will be performed on a woman
who is mentally disabled. (3)
____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

(c) In ___________________________________________________ the court held that a

mother may not enter into a contract on behalf of her unborn child, because legal
personality only begins at birth and an agent may not enter into a contract on behalf of a
non-existent principal. (1)

(d) Write down the presumption of death procedure that will be instituted in each of the
following cases.
(i) Delilah Baloyi was shot and killed during an armed robbery in a shopping mall. (1)

____________________________________________________________________________

(ii) John Moyo went fishing off the coast at Lamberts Bay. The boat capsized and
John Moyo was never seen again. (1)

____________________________________________________________________________
[10]

Question 2

(a) Zola, an 8-year-old girl, was born of unmarried parents. She lives in Cape Town with
her mother, Candice, who is unemployed. Zolas father, Bobby, is also unemployed.
Bobbys parents are very wealthy, but they refuse to contribute towards Zolas
maintenance. Candice wants to take Bobbys parents to court to force them to support
Zola. She approaches you for advice on the matter.

(i) Write down the name of the case in which it was held that only maternal
grandparents are liable for a childs maintenance. (2)
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 PVL1501/101

(ii) Write down the name of the case in which it was held that both maternal and
paternal grandparents are liable for a childs maintenance. Furthermore, briefly
indicate why this court declared the decision mentioned in (i) above
unconstitutional. (4)

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

(b) List the two requirements for the acquisition of a domicile of choice. (2)

____________________________________________________________________________

____________________________________________________________________________

(c) Fill in the relevant names of the following three court cases that dealt with blood tests
to determine paternity:

(i) In _________________________________________________ the court held

that the High Court as upper guardian of all minors may consent to a blood test
being performed on a minor even if the childs guardian opposes the test. (2)

(ii) In __________________________________________________ the court held

that it does not have the power to interfere with the decision of the parent not to
submit the child to blood tests. (2)

(iii) In _________________________________________________ the court held

that ordering someone to submit to a blood test also affects principles of
substantive law, in that the test involves a violation of the persons bodily integrity.
(2)

(d) Name the four components that make up parental responsibilities and rights in terms of
section 18(2) of the Childrens Act 38 of 2005. (4)

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

(e) Name two ways in which a child born of unmarried parents can acquire the status of a
child born of married parents. (2)

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____________________________________________________________________________

____________________________________________________________________________

[20]

Question 3

(a) (i) What do you understand by the concept multilateral contract? (2)

____________________________________________________________________________

____________________________________________________________________________

(ii) Give an example of a multilateral contract. (1)

____________________________________________________________________________

(b) Briefly describe the capacity to act of an infans and the capacity to act of a minor. (2)

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

(c) Zelda, a 17-year-old girl, buys a PlayStation for R3 000 from Mr Nkomo. Zelda
concluded the contract with the assistance of her guardian, Jean. The actual value of
the PlayStation at the time of the purchase was R1 000. Zelda paid a deposit of R500
and made an arrangement to pay the remaining amount in five instalments of R500
each. Please answer the following questions:

(i) Jean, Zeldas guardian, wants to know if she is personally liable for Zeldas
contract. Answer yes or no and provide a reason for your answer. (2)

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

(ii) Suppose that Zelda concluded the contract without her guardians assistance.
Under which circumstances would Zelda be able to recover her deposit? Which
remedy is available in this instance (give the name of the remedy) for the minor?(2)

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 PVL1501/101

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

(iii) If a minor enters into an agreement, he or she needs the assistance of his or her
guardian. Name the various forms which the guardians assistance may take. (3)

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

(d) List the two requirements for the application of restitutio in integrum. (2)

____________________________________________________________________________

____________________________________________________________________________

(e) Alfred is 17 years old. He works as a cleaner in Kempton Park where he shares a flat
with friends. Advise him whether it would be possible for him to conclude the following
agreements and provide a reason for every answer.

(i) Alfred wants to buy condoms. (2)

____________________________________________________________________________

____________________________________________________________________________

(ii) Alfred wants to conclude a civil union with Rose. (2)

____________________________________________________________________________

____________________________________________________________________________

(iii) Alfred wants to make his own will. (2)

____________________________________________________________________________

____________________________________________________________________________

[20]

TOTAL: [50]

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9 EXAMINATION

Please note: In order to gain admission to the examination in PVL1501, students must submit
assignment 01. If you fail to submit this compulsory assignment before or
on the due date, you will not gain admission to the examination!
Assignment 01 contributes 10% towards your final mark for the module.
Assignment 02 is not compulsory, but, like assignment 01, it contributes 10% towards your
final mark for the module. Failure to submit assignment 02 will not influence your examination
admission, since it is only the submission of assignment 01 that will give you examination
admission. However, since assignment 02 counts 10% towards your final mark for the
module, it is of the utmost importance that you submit it.
Both assignments 01 and 02 therefore contribute towards your final mark. However,
only assignment 01 affects your examination admission.

Note that it is not required that you pass assignment 01 (i.e. get at least 50% for it) in order to
gain examination admission. Submission of a sensible assignment is adequate in order to gain
examination admission. However, since the mark you obtain for both the assignments will
together contribute 20% towards your final mark for the module (10% for assignment 01 and
10% for assignment 02), it will be to your advantage to do well in the assignments.

9.1 How will this work in practice?

In order to pass this module, you need to obtain a mark of 50%. As was indicated above,
assignment 01 and assignment 02 together count 20% of your final mark (the assignments
make up your semester mark). The examination mark will count 80%. Therefore the mark out of
100 you obtain in the examination will be converted to a mark out of 80. Thus your final mark for
the module will be calculated by adding your semester mark to your adjusted examination mark.

9.2 The required subminimum with regard to your examination mark

It is very important that you should note that a subminimum applies for your examination mark.
You need to obtain at least 40% in the examination before your semester mark will be
taken into account for purposes of determining whether you pass, fail or qualify for a
supplementary examination. That means that a student who obtains at least 40% in the
examination and who worked during the semester and consequently has a good semester mark
will have a great advantage above a student who has no semester mark or a bad semester
mark. It also means that even if you get full marks (i.e. obtain 20 out of 20) for your assignments
you will still fail the module if you earn less than 40% in the examination. You will not even be
allowed to write a supplementary examination.

It is your responsibility to check on myUnisa before the examination date to ensure that
all assignments have been recorded against your name, that the marks awarded are
correct and that examination admission has been obtained. If there is a problem, it is
your responsibility to contact the relevant department (not the lecturers) in this regard.

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 PVL1501/101

9.3 Examination period and supplementary examinations

This module is offered in a semester period of 15 weeks. At the end of the semester that you
are registered for, you will write an examination, the duration of which is 2 hours. This means
that if you are registered for the first semester, you will write the examination in May/June 2017
and the supplementary examination will be written in October/November 2017. If you are
registered for the second semester you will write the examination in October/November 2017
and the supplementary examination will be written in May/June 2018.
During the course of the semester, the Examination Section will provide you with information
regarding the examination in general, examination venues, examination dates and examination
times. Please refer to the my Studies @ Unisa brochure for more details.

9.4 Previous examination papers

Note that the self-assessment assignment in this tutorial letter is partly based on a previous
examination paper. A detailed commentary on this assignment will be provided in a follow-up
tutorial letter. A previous examination paper will also be uploaded on myUnisa before the
examination. However, we advise you not to focus on old examination papers only, as the
content of modules and therefore examination papers change from year to year. You may,
however, accept that the type of questions that will be asked in the examination will be similar to
those asked in the activities in your study guide, in the assignments and in the old examination
papers.

9.5 Tutorial letter with information on the examination

To help you with your preparation for the examination, a tutorial letter will be available that will
explain the format of the examination paper, give you examples of questions that you may
expect and set out clearly what material you have to study for examination purposes.

10 FREQUENTLY ASKED QUESTIONS

Please refer to the A-Z guide in the my Studies @Unisa brochure.

We hope that you will enjoy this module and we wish you every success with your studies.

MR MT SKOSANA Telephone number: 012 429-8430

PROF S FERREIRA 012 429-8717
PROF JM KRUGER 012 429-8502

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