Wednesday 11 May 2016

2014 Exam paper


Question 1:

 

Dr. Derek Grey, a neurologist employed at Netcare Paarl met his wife Maradeth Grey whilst he was on holiday in England. Maradeth was a kickboxing trainer and worked as a bartender at the “Bangers and Mash Pub” during the nights. They got married in South Africa at Derek’s home located at 1 Summer Road, Paarl, Western Cape.  Maradeth’s dad, Mr White was very upset about the marriage as Maradeth was just divorced from her previous husband, John Black.

 

Derek and Maradeth decided to get married in terms of the Marriage Act on the 1st day of April 2010. The parties enter into an ante-nuptial contract in terms whereof all communal profit and loss were excluded. Maradeth has a son from a previous marriage, namely Lex, born on the1 April 2005. Derek is furthermore a member of the Paarl Netcare provident fund as administered by Alex Forbes Insurance located at Unit 1, Forbes Building, Johannesburg.

 

When Lex turned ten, Maradeth decided to continue with her kickboxing career as a trainer at the “Paarl Blood and Guts Kickboxing Centre.” It was shortly after she started training, that she met Mark Grey, a kickboxing champion. Maradeth and Mark started having intimate relations. At home, Maradeth became impossible to live with. She frequently had anger outbursts threatening Derek that she will kill him or make sure that he never sees his children again. One evening Maradeth lost control of her emotions and punched Derek in the face breaking his jaw. Derek phoned the police and asked them to charge her with assault.

 

Derek consults with you in respect of a divorce action. He is adamant that he wants Maradeth and her boyfriend to “pay” for the pain and suffering they have caused him. 

 

 

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 Derek. 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     In terms of the Uniform Rules of Court, explain the divorce procedure as from the initial drafting of the necessary documents to commence a divorce action to divorce judgment being delivered. Reference must be made to the relevant rules applicable.                                                                                                  (20)

 

 

1.3     On receipt of the divorce summons Maradeth threatens to remove all the household items from the matrimonial home and to sell it to Cash Converters. In addition she informs Derek that she will be cancelling the debit orders that get deducted from her bank account in respect of the vehicle insurance as well as the bond repayment. Explain to Derek what remedies are available to him to safeguard his interest by considering each application’s criteria, procedure, and the relief that can be claimed as well as how such relief can be enforced.       (20)

 

 

 

Question 2:

 

Ms. Yang, a Japanese citizen, visited South Africa. Whilst travelling to Johannesburg,

she  encountered a 10 year old boy by the name of Lucky Ndlovu. Ms. Yang was so

taken by this little boy, especially after learning that Lucky was a street child that she

immediately started the adoption process. Despite Lucky getting along with Ms. Yang,

he did not want to move to Japan.

 

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 desire to stay in South Africa outweighs the fact that his best interest will be better be served by being adopted by Ms Yang? Substantiate your answer with reference to legislation.                                                                                (15)      

 

 

 

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

 

THE END

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