Question 1 (Marks: 20) State whether the following statements are true or false. Provide a reason for your answer. Q.1.1 A child under the age of 18 would not qualify as a legal person as he/she would be unable to have any rights or duties under the law. (2) Q.1.2 The term 'sex' refers to the biological differences between men and women. (2) Q.1.3 Ludwig is a German citizen who has a work visa. He loves being in Cape Town and he decides that he is never going to leave. His visa expires on 20 April 2023 and he has been informed that it will not be renewed. Ludwig is adamant that South Africa is his new domicile. (2) Q.1.4 Hashim and Leila's baby was still born. As the baby never lived, there is no need to notify any parties outside the hospital. (2) Q.1.5 The state of mind of the intoxicated person at the time of their performance of an act is decisive and will determine their capacity. (2) Q.1.6 Kendra's last will and testament states that she wants her organs harvested, sold and the proceeds given to her favourite charity. As this is her last wish, it will be legal. (2) Q.1.7 A new-born baby follows their domicile of origin. (2) Q.1.8 A person that is mentally ill has no capacity to incur binding contractual obligations. (2) Q.1.9 An infans is a child under the age of 18, but older than 7 years of age. (2) Q.1.10 The nasciturus fiction recognises circumstances in which it is necessary to acknowledge the unborn foetus as a potential legal subject.

Question 2 (Marks: 20) Multiple-choice questions: Select one correct answer for each of the following. In your answer booklet, write down only the number of the question and next to it, the number of the correct answer. Q.2.1 In terms of Section 9 of the Bill of Rights, every person has the right to equality. This right may be categorised as a: (2) (1) Personal right (2) Personality right (3) Constitutional right (4) Real right (5) All of the above Q.2.2 Which of the following is not a requirement for the nasciturus fiction to be applied? (2) (1) There must be a benefit to the child in utero. (2) The child must be still born. (3) The unborn child must be conceived when the testator dies. (4) The child must take at least one breath. (5) All of the above are requirements. Q.2.3 Which of the following is an office an insolvent can hold? (2) (1) Manager (2) Director (3) Member of Parliament (4) Curator (5) Employer Q.2.4 Minors _____________ may conclude a contract of donation without assistance. (2) (1) aged 10 years and older (2) older than 12 years of age (3) older than 7 years of age (4) of any age (including infants) (5) None of the above. 22; 23; 24 2023 The Independent Institute of Education (Pty) Ltd 2023 Page 6 of 10 Q.2.5 When death occurs unnaturally, which of the following sections of the Births and Deaths Registration Act 51 of 1992 is not applicable: Sally (21 years old) has lived her entire life in South Africa. Her mom is from Switzerland and her dad from Germany. She goes on a Contiki tour of Europe and decides she wants to live in France. She completes the necessary permanent residency forms and moves three months later. She is offered a job in Italy and commutes daily. Her parents insist that she returns to South Africa for all the holidays. What is Sally's domicile: (2) 1) Germany 2) Switzerland 3) France 4) South Africa (5) Italy

Q.2.7 Zac was sequestrated by his creditors. He will be rehabilitated after ______ years.

Q.2.8 The ______________ case discussed the concept of commorientes. (2) 1) Ex Parte Graham 2) Ex Parte Thompson 3) Ex Parte Williams 4) Ex Parte James (5) Ex Parte Parker Q.2.9 Which of the following is an impermissible means of disposal of human remains? (2) 1) Burial on land 2) Cremation 3) Legal use of the tissue or organs of a deceased for transplant or medical purposes 4) Burial at Sea (5) Burial in Space Q.2.10 Dennis has the right to a good name. The right concerned is an example of a _____ (2) 1) Personal right 2) Personality right 3) Constitutional right 4) Real right (5) All of the above

Question 3 (Marks: 50)

George was diagnosed with epilepsy when he was in his teens. He is now 48 years old and a successful architect. Recently, he has been having frequent seizures. The neurosurgeon is currently testing the dosage of a new drug to assist George to function normally. As a result of one seizure, he fractured his leg and two ribs. The seizures seem to be getting worse but he is persevering with the doctor to improve his daily life. He has two homes, one in Knysna and a villa in Greece. After recovering from his fractures, the doctor suggests that George take some leave and rest. George decides to relocate to his villa in Greece for good. Answer the questions that follow: Q.3.1 George struggles to function normally with his medical condition. He is unable to drive, spends days medicated and often has weeks in the hospital. As a person of normal mental ability, do you think it is possible for an administrator to be appointed by the court to assist George? Discuss, with reference the circumstances under which a court may appoint an administrator to assist a person of normal mental abilities. Eight marks will be allocated for discussion. Two marks will be allocated for skill. (10) Q.3.2 George came across an advert for a triathlon and decided that he wanted to participate. He started a rigid fitness routine and registered to compete in the triathlon. On the day of the event there were gusts of wind that saw a number of competitors drop-out. George pushed forward and went for the final stretch, a cycling race along the side of a cliff overlooking the Mediterranean Sea. The weather turned for the worst, with hail and wind encircling the mountain. When the cut-off time for the last leg of the race was reached, there was no sign of George. Search and rescue teams were dispatched for three consecutive days without success. The race organisers eventually decided to call off the search and inform George's next of kin of his disappearance and possible death. George is survived by his sister Zandelee in Knysna. (20) In the light of the fact that no corpse is available, explain the following to Zandelee: The two mechanisms available regarding a finding of death. Which mechanism is appropriate under the circumstances. The requirements that must be met. Who may bring the application. Factors considered by the court when deciding to whether or not to grant the order. Whether or not in your opinion the court is likely to grant the order. 15 marks will be allocated for content. Five marks will be allocated for skill.

Q.3.3 What was George's domicile before his disappearance? Provide a reason for your answer. (2)

Q.3.4 George did not have a Will. The immovable property in Greece should devolve in terms of George's nationality. South African law states that the property should be dealt with in terms of the law of the country in which the property is situated. Zandelee wants to know what happens in this situation. Six marks will be allocated for content. Two marks will be allocated for skill. (8) Q.3.5 Five years after the estate is wound-up, George is found outside his Greece home. He had amnesia and recently started getting flashbacks, which lead him to the villa. What is the legal position now that he is back? Discuss with reference to the presumption of death order. Eight marks will be allocated for content. Two marks will be allocated for skill.

Question 4 (Marks: 10) Fill in the missing words:

Q.4.1 Sex with a human corpse is known as _(a)__. It is an unnatural sexual act which causes _(b)___ to an unburied corpse. This offence is __(c)___ and codified in the __(d)____. This crime is categorised as a 'crime against the _(e)___'. (5)

Q.4.2 In South Africa when referring to the harvesting of organs or tissue from a living human it is referred to as a '_(a)___'. Should the person die later from the removal of the tissue or organ, then it becomes __(b)___. The _(c)___ Act, does not contemplate the use of _(d)___ when defining the nature and ambit of traditional health practices based on _(e)__ traditions. (5)

Question 5 (Marks: 20)

Rita, a 40-year-old accountant, with 3 children was recently divorced. Her husband left her for his 25-year-old personal assistant , Lionel. Rita has been drinking away the pain for 6 months. Things have reached a stage where she doesn't leave her home and spends most of her salary buying alcohol on Drinkalot.com. She has received a warning at work for disruptive behaviour and for being drunk on the premises. Her children are concerned that she may lose her job and have had to eat at their aunt's house on several occasions over the last few months because there was no money left for groceries in the house. You work for a free legal advice call centre. Marco, Rita's eldest son, phones the call centre and asks for advice. In your advice to Marco: Discuss what a prodigal is; Explain the how a declaration of prodigality would assist the Rita and prevent further loss of income Discuss who may make the application Explain the consequences of a court granting an order. 15 marks will be allocated for content. Five marks will be allocated for skill.