2015 Specail exam paper

Question 1:

 

You are consulted by Mrs. Ann Ndlovu. You are instructed that Mrs. Ndlovu married Mr. John Ndlovu on the 1^st day of April 2010 at Empangeni without entering into an antenuptial contract. Mr. Ndlovu had a child from a previous marriage, namely Sipho Ndlovu, a boy born 1 March 2009. Mrs. Ndlovu is unable to conceive and made use of a surrogate mother to give birth to twins, John and Jill Ndlovu, born 1 January 2011. Mrs. Ndlovu instructs you that Mr. Ndlovu is a captain in the SPAS stationed at 1 Rail Street, Empangeni and is a member of the SAPS pension fund with employee number 123. Sgt. Eve Ngcobo, also stationed at Empangeni SAPS, informed Mrs. Ndlovu that Mr. Ndlovu was having an affair with her and that she was pregnant with his child. Mrs. Ndlovu is unemployed and still resides with Mr. Ndlovu at the matrimonial home located at J1 Esikhaweni. Mrs Ndlovu wants to institute a divorce action and claim maintenance in respect of herself at the rate of R3000 per month and maintenance in respect of the children at a rate of R1500 -00 per month per child as well as all educational and medical expenses incurred on behalf of the minor children. In addition Mrs. Ndlovu instructed you to sue Sgt. Ngcobo for a R100 000 as she was the sole reason for the breakdown of the marriage relationship.  

 

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 Mrs Ndlovu. 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.                                                                                                   (45)

 

1.2     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)

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