QUESTION 1
a) The child’s surname may also be changed to his or her mother’s surname if his or
her parents’ marriage or civil union is dissolved by divorce and the child’s mother has
sole guardianship or the child’s father consents to the change. The court may
dispense with the father’s consent. If the mother enters into a new marriage or civil
union, she may apply to have the child’s surname changed to the surname she
bears. Of particular note, Grace needs the written consent of the child’s father as
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2
well as the written consent of her new husband or civil union partner, unless the
court dispenses with consent. If the mother has sole guardianship, she does not
need the father’s consent, but she still needs the consent of her new husband or civil
union partner, unless the court dispenses with consent
Conclusively, Grace needs to obtain written consent from both Frank Blake and
Brian Smith in order to change Cythnia’s surname to Smith.
b)
● Making an independent decision about contraception or sterilisation.
● Developing mentally to a sufficient degree to make an informed decision
about contraception or sterilisation.
● Fulfilling the parental responsibilities associated with giving birth.
c) Friedman v Glicksman case
d (i) Statutory procedure based on the Inquests Act 58 of 1959.
Please note: Baloyi did not die due to natural causes. Section 5(2) of the Inquests
Act stipulates that if a magistrate isof the opinion that a person’s death was not due
to natural causes, he or she must take the necessary steps to ensure that an inquest
as to the circumstances and cause of the death is held by a judicial officer in terms of
section If the person’s corpse is available, the district surgeon or another medical
practitioner examines it in order to determine the cause of death.
(ii) Common-law procedure.
Please note: If a person disappears and there is no certainty as to whether he or she
is dead or still alive, a presumption of death can be pronounced in terms of the
common law or, in certain instances, in terms of statute.
QUESTION 2
a) (i) Motan v Joosub case.
(ii) Petersen v Maintenance Officer case. The court held that, the rule that only
maternal grandparents are liable for the child’s maintenance is unconstitutional in the
sense that it violates the right of a child born of unmarried parents not to be subject
to unfair discrimination on the ground of birth and the child’s right to dignity, and also
fails to consider the importance of child’s best interests.
b)
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