Wednesday 11 May 2016

2013 Exam paper


Question 1;

 

Dr. Maradeth Grey (born White) and Dr. Derek Grey were married in terms of the Civil Union Act 17 of 2006 on the 1st day of April 2008. Derek, a South African citizen, employed as a neurologist at the Oxford Hospital in England was introduced to Maradeth, an orthopaedic surgeon employed by Alberlito Hospital, Ballito during a medical conference held in England during March 2008. At the end of the conference Derek proposed to Maradeth and travelled with her to South Africa where they got married at Maradeth’s home located at Unit 1, Ocean View Street, Zimbali Lodge, Ballito. Derek has, subsequent to their marriage, been appointed as the head of neurology at Alberlito Hospital, Ballito. Both parties belong to the Alberlito pension fund as administered by Alex Forbes Insurance located at Unit 1, Forbes Building, Johannesburg.

 

Derek entered into an adulterous relationship with Dr. Arizona Black, a trauma doctor employed at Alberlito Hospital of which a minor child was born, namely Sloan Black, a male born 1 April 2010. Maradeth adopted Sloan Black, after his mother gave him up for adoption. As it was a “closed” adoption, Maradeth only recently learned that Derek was the biological father of Sloan Black. After Maradeth confronted Derek about his adulterous relationship with Arizona, Derek stopped contributing towards the communal (shared) expenses of the matrimonial home and threatened Maradeth that she will never see “his child” (Sloan) again.  

 

Maradeth consults with you in respect of a divorce action. She is adamant that she wants her husband and Dr. Arizona Black to pay for the embarrassment they have caused her. Maradeth furthermore instructs you that she grew attached to Sloan and wants primary care-giving of the minor child. In addition she wants Derek to pay maintenance in respect of Sloan in the amount of R10 000-00 per month, as well as all educational expenses. Maradeth is prepared to retain Sloan on her medical aid fund. 

 

Based on the aforesaid set of facts, answer the following questions and where applicable refer to authority:

 

1.1     Draft the particulars of claim based on the instructions given to you by Maradeth. Remember to cite all the Defendants. (Please do not draft the summons itself or the annexures to the summons).    You may add your own facts where necessary.                                                                                                             (30)

 

1.2     On receipt of the divorce summons Derek informs Maradeth that she is no longer entitled to take Sloan with her and that she will only be entitled to have Sloan with her alternative weekends and whilst in the  presence of Arizona. A cousin of Maradeth, whom is an avid 1st year law student, informed Maradeth that she can either apply for a domestic violence interdict or apply for a R43 application in providing her interim relief pending the divorce matter. Differentiate between a R43 application and a Domestic Violence Application and advise Maradeth on which remedy would best address her circumstances. In answering the question students must consider each application’s criteria, procedure, and the relief that can be claimed as well as how such relief can be enforced.                        (20)         

 

1.3     Maradeth has also been informed by her cousin that she can either claim for child maintenance in terms of a R43 application, or by bringing a maintenance application in terms of the Maintenance 99 of 1998. Explain to Maradeth the procedure in applying for a maintenance application, the criteria applied, as well as how a maintenance order can be enforced by referring her to the specific sections of the Maintenance Act.                                                                       (20)   

 

 

Question 2:

 

Mrs. Donna, a British citizen, visited South Africa during her world tour. Whilst travelling

to Jozini, she encountered a six year old boy by the name of Lucky Ndlovu. Mrs. Donna

was so taken by this little boy, especially after learning that Lucky was an orphan. Lucky

was placed in the foster care of his aunt, a single mother herself, Ms. Xaba, after his

parents passed away in a horrific vehicle accident.  Mrs. Donna wishes to adopt the little

boy. Lucky has been staying with his aunt for two years and wishes to remain with his

aunt and cousins.

 

2.1     Considering the ‘best interest principle’ as well as the child clause contained in the Constitution of the Republic of South Africa,1996  do you believe that Lucky’s right to be heard in all matters concerning him is adequately guarded and applied in South African courts. Substantiate your answer with reference to legislation.                                                                                                 (15)

 

2.2     Explain to Ms. Xaba the procedure involved in Mrs. Donna’s proposed adoption with reference to the provisions of the Children’s Act 38 of 2005.                    (15)

 

 

 

THE END

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