2013 Supplementary 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 1^st day of April 2008. Derek, an English 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. Mark Black, a trauma doctor employed at Alberlito Hospital. Maradeth and Derek adopted Sloan White, a male born 1 April 2009 after his mother gave him up for adoption. Shortly after the adoption, Derek admitted to Maradeth that he was gay and that he was involved with Dr. Mark Black. Maradeth was so outraged that she asked Derek to leave the matrimonial home. As Derek was no longer staying at the matrimonial home, he stopped contributing towards the communal (shared) expenses. In addition, when Dr. Mark Black heard that Maradeth was refusing Derek contact with Sloan, he started harassing Maradeth by sending her e-mails and cellular phone messages on a daily basis.    

 

Maradeth consults with you in respect of a divorce action. She is adamant that she wants her husband and Dr. Mark Black to pay for the embarrassment they have caused her. Maradeth furthermore instructs you that she wishes to apply for primary care-giving of Sloan and does not want Derek to have unsupervised contact with the minor child as she is concerned that his lifestyle (having intimate relations with another man) will have a negative effect on 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 threatens to stop all financial assistance he is presently providing Maradeth and Sloan and to sell all the household furniture to Cash Converters. Explain to Maradeth what remedies are available to her to safeguard her interest.                                                 (20)

 

1.3     Considering the aforementioned circumstances should Maradeth apply for an interdict against Mark in terms of the recently promulgated Prevention of Harassment Act 17 of 2011, and if so, under what circumstances will she be able to do so?  In addition can she claim the same relief against Derek under the same Act?                                                                                                   (20)

 

 

 

Question 2:

 

Mrs. Li, a Japanese 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. Li

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. Li 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. The social welfare officer does not support inter-racial adoptions.

 

2.1     Considering the ‘best interest principle’ as well as Section 28 of the Constitution of the Republic of South Africa, 1996 do you believe that Lucky’s best interest will be served by allowing the inter-racial adoption? Substantiate your answer with reference to legislation.                                                  (15)

 

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

 

 

 

THE END