2015 Supplementary exam paper

Question 1:

 

John Grey is a mechanical engineer. He is employed by Mosdel, Mozambique and visits his family during holidays at the matrimonial home located at 1 River Road, Durban. John earns an annual salary of R1000 000.

 

On the 1^st day of April 2010 and at Bala Lodge in Mozambique, John married his life partner Jack Purple. The civil union was concluded on the beach by Jack’s uncle, minister Paul Pope from the All Mozambiquen church. Jack is a surfing instructor at Ushaka, Durban and earns R10 000-00 per month.

 

At the time of the marriage the parties did not enter into an antenuptail contract.

 

On 1 April 2011John and Jack became the proud fathers of twins, Derek and Steven. Shortly after the birth of the twins John told Jack to stop working to look after the children. John undertook to support Jack and the children.

 

One night John met up with an old girlfriend of his, Ann Brown and they started an adulterous relationship. Ann is a director of Sasol Mozambique. On 1 April 2012 Ann gave birth to John’s child, Alice.

 

When Jack discovered that John was unfaithful to him he changed the locks to the matrimonial home and refused John access to the matrimonial home. Jack consulted you and wish to institute a claim against John for a decree of divorce, primary caregiving of the minor children, maintenance in respect of the children at the rate of R10 000 per month per child, 50 % of John’s pension fund interest and rehabilitative maintenance for himself at a rate of R50 000 per month. In addition Jack wants to institute a claim against Ann for loss of consortium in the amount of R1000 000.

 

 

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 John. 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 lieu of the aforesaid circumstances mention what remedies are available to John. Briefly outline the criteria applied by the court/s, the procedure/s involved in applying for the remedy/ies as well as how such remedy can be enforced.  Reference MUST be made to the relevant legislation in answering the question.                                                                           (30)

 

1.3     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 the twins’ (Derek and Steven) right to be heard in all matters concerning them are adequately guarded and applied in South African courts? Substantiate your answer with reference to legislation.                                              (20)

 

1.4     Adoption Britian.                                                                            (20)

 

 

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