Question 1 (Marks: 10) Read each of the scenarios described below and indicate which court will have jurisdiction to hear the case in that scenario. Your answer MUST include the reason why that court will have jurisdiction.

NOTE: Students are not required to mention the specific seat of the court (i.e., Gauteng South High Court, Johannesburg), it suffices to mention the court in general (i.e., High Court).

Q.1.1 Enhle is an aspiring actress who enters in a contract with Malusi (a professional photographer) to take professional head shot photographs of her for the price of R9000. Enhle pays the full R9 000 upfront, and the parties spend a day doing the photo shoot. However, six months after the photo shoot, Enhle wants to sue Malusi for breach of contract as he has still not delivered the photographs to her and is not answering her calls. (2)

Q.1.2 Would your answer in Q 1.1 above change if Malusi was the one initiating the proceedings against Enhle for not paying for the photo shoot? (2)

Q.1.3 Three senior members of the Rolex Gang are arrested and charged with armed robbery and murder. (2)

Q.1.4 Employees of Anglo-American Pty Ltd are striking on the grounds that the company has made it compulsory for all workers to have the COVID-19 vaccination. The company wishes to apply for an interdict to stop the workers from striking. (2)

Q.1.5 With reference to Q 1.4. above, would the Constitutional Court be able to hear this matter as the final decision maker and highest court in South Africa?