Question 1

1.2. In each of the scenarios below decide whether the issue will be dealt with under private or public law and provide a reason for your choice.

a) South African Police Service leases a building from Sanlam (Pty) Ltd to use as a charge office. (2)

b) Ronald, in a fit of rage, murders his girlfriend, Joyce. (2)

c) Ronald, who is accused of murdering his girlfriend Joyce, is being held at the Mayville Police Station. While in custody, Ronald is severely beaten by the police officers of the station and suffers serious injuries. (2)

1.3 In each of the scenarios below decide whether the issue falls within Constitutional law or Administrative law and provide a reason for your choice.

a) The Department of Social Development wants to provide unemployed South African citizens with a grant during the COVID lockdown. They place an advert to contract with third parties to attend to the rolling out of these grants (a tender offer). SmartSociety (Pty) Ltd applies for the tender as they meet all the requirements. However, the tender goes to the company directed by the President's son. SmartSociety(Pty) Ltd requests reasons from the Department to no avail. (2)

b) Seema Pillay is of Indian descent and wears a nose ring. The cultural significance of her nose rings marks her entry into womanhood and the responsibility that comes with it. However, Seema faces disciplinary action at her school as the nose ring she wears goes against the school's uniform policy. After numerous disciplinary hearings Seema is being excluded (expelled) from her school for wearing a nose ring. (2)