Question
Mr and Mrs van der Klerk have concluded a civil marriage in 1975. Lately they have encountered difficulty in their marriage and they now decided
Mr and Mrs van der Klerk have concluded a civil marriage in 1975. Lately they have encountered difficulty in their marriage and they now decided to live apart for a trial period in an attempt to resolve their marital problems. While Mr and Mrs van der Klerk were living apart, Mr van der Klerk proved to be a very aggressive person. He was convicted on eleven counts of assault with the intent to do grievous bodily harm and as a result was eventually declared a habitual criminal and sentenced to 5 years' imprisonment. Mrs van der Klerk is aggrieved and ashamed by Mr van der Klerk's poor conduct and is of the opinion that this poor conduct on Mr van der Klerk's part should justify a forfeiture order against him. Explain to Mrs van der Klerk what a forfeiture order entails, what role misconduct plays in the determination of the granting of such an order and refer to applicable reported case law to substantiate your answer. 15 marks
please include reference and the context is in Namibia/South Africa.
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