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, 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
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