ANSWERS MUST BE ACCORDING TO SOUTH AFRICAN LAW

Shireen and Mervin Moonsamy were married in Commmunity of Property in 1989. The marriage was never really a happy one.The couple argued frequently, especially about money but most recently about Mervin wanting to buy a car that the couple could not afford. After several arguments, Mervin threatened Shireen with divorce yet again and this time moved back to his parent's home. On 15 August 2005, as Shireen walked across the parking lot of the Ferndale Shopping Centre towards the nearby taxi rank, she was knocked over by a bronze Toyota Cressida. The driver then proceeded to reverse and run over Shireen's injured body. Although no witnesses were present, the entire scene was captured on closecircuit cameras. Shireen whilst being treated in hospital for several nearfatal injuries, is informed by the investigating officer that her husband has been arrested for attempted murder and that he in fact was the driver of the vehicle that ran over her twice. Read Van der Merwe v Road Accident Fund and Another 2006 (4) SA 230 (CC) and answer the questions that follow.

Q.5.1 Advise Shireen of the legal position as it existed prior to Van der Merwe v Road Accident Fund and Another 2006 (4) SA 230 (CC). Your answer must include an explanation of the relevant section as well as an interpretation of its effects on Shireen and Mervin Moonsamy. (5)

Q.5.2 Explain the order sought and findings of the court in van der Merwe. In your answer reference the relevant paragraphs.