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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