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MRL3701 ASSIGNMENT 2 SEMESTER 1&2 FOR 2021 CORRECT ANSWERS[FROM THE STUDY GUIDE AND TEXTBOOK] R50,00   Add to cart
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MRL3701 ASSIGNMENT 2 SEMESTER 1&2 FOR 2021 CORRECT ANSWERS[FROM THE STUDY GUIDE AND TEXTBOOK]
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MRL3701 ASSIGNMENT 2 SEMESTER 1&2 FOR 2021 CORRECT ANSWERS[FROM THE STUDY GUIDE AND TEXTBOOK]

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  • July 14, 2021
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  • 2020/2021
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  • mrl3701 assignment 2 semester 1amp2 for 2021 correct answersfrom the study guide and textbook

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MRL3701 ASSIGNMENT 2 2021




Question 1

(i) The relevant case law for this question would be Stratford v Investec Bank Ltd
2015 (3) SA 1 (CC).


The facts of the scenario are similar to that of the Stratford case. In this case
the candidate attorney who represented the Investec bank furnished a copy of
the notice of motion and the founding affidavit to the Stratfords. She also
asked if they had a domestic employee to which the Stratfords replied yes
and she left a copy of the petition on the kitchen table. This was so that the
Stratfords could deliver it to their employee. They did not inform the candidate
attorney that they had two other domestic employees. The domestic
employees opposed the petition they contended that Investec failed to notify
the domestic employees of the sequestration proceedings, which then
amounted to a breach of their constitutional right to fair labor practices and
the right of access to courts. They submitted that, had they been given prior
notice of the provisional sequestration proceedings, they would have sought
legal assistance and opposed the application. The court then decided that
the petition had actually been served on the domestic employees because the
candidate attorney left the petition on the kitchen table and it would rather be
absurd to argue that the employees had not been served.


(ii) The relevant section in question would be section 9(4A) of the Insolvency Act
24 of 1936.


Section 9(4A)(a) provides: …“When a petition is presented to the court, the
petitioner must furnish a copy of the petition— (i) to every registered trade
union that, as far as the petitioner can reasonably ascertain, represents any

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