Wednesday 11 May 2016

2014 Supplementary 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 decided to get 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 has just divorced her previous husband, John Black, and it meant that his daughter will have to relocate to Africa.

 

Derek and Maradeth decided to get married in terms of the Civil Union Act 17 of 2006 on the 1st day of April 2010. Shortly after the marriage, Maradeth fell pregnant and gave birth to twin boys, Lex and Avery on the 1st day of April 2011. Maradeth and the twins are on Derek’s medical aid fund. 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 the boys turned three, 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 again, 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. Derek furthermore instructs you that he wants primary caregiving of his boys and that he wants Maradeth to only visit with the boys if there is an adult present. In addition he wants Maradeth to pay maintenance in respect of the children at the rate of R5000-00 per month for both children. He is prepared to pay all the school expenses and medical expenses relating to the children.  

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.                                                                                                             [(40)]

 

 

 

 

 

 

 

 

Question 2:

 

2.1     Explain to Alison the procedure involved in applying for maintenance, as well as the criteria the court will apply in considering such an application. Reference must be made to relevant legislation.                                                           [10]

 

2.2           Mention and discuss what relief can be claimed in terms of a Domestic Violence order.        Reference must be made to relevant legislation.                           [10]

 

2.3     Outline the procedure and criteria applied in bringing a R43 application. In answering the said question reference must be made to the relief that can be claimed in terms of a R43 application.                                                            [10]

 

 

 

Question 2:

 

Ms. Young, a British citizen, visited South Africa. Whilst travelling to Johannesburg,

she  encountered a 10 year old boy by the name of Lucky Ndlovu. Ms. Young 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. Young,

he did not want to move to England.

 

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 is adequately protected I terms f he Children’s Act 38 of 2005? Substantiate your answer with reference to legislation.                                (15)      

 

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

                                                                                                                        [30]

 

 

THE END

 

 

 

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