Question 3: (30)

Mr Kabelo Maseko is driving on the M2 one morning on his way to work. He is talking to his

friend about the incident that happened at the weekend when he visited a local pub. Kabelo

is talking on his cell phone through the speakers of his vehicle while driving. Because the

traffic is very slow at that time of the morning, he rolls down his windows. Other motorists

can almost hear his conversation and see that he is alone in the vehicle. While proceeding in

this fashion on the M2, a traffic officer pulls Kabelo to the shoulder of the road and requests

his licence. The officer informs Kabelo that he is going to give him a ticket as talking on your

cell phone while driving is a traffic offence.

Advise Kabelo as to whether or not he has committed an offence. Apply the literal or text-

based as well as the text-in-context and the mischief rules of interpretation with reference to

relevant case law.