First examiner: Dr. S Ebrahim
Second examiner: Adv. MK Mathiba
This paper consists of 8 pages.
INSTRUCTIONS FOR A TAKE-HOME EXAM ON MYEXAMS
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
1. The examination question paper counts 80 marks.
2. It consists of 4 questions. Answer ALL of the questions.
3. The duration of the examination on the timetable is 4 hours.
4. In addition to the duration of the examination indicated on the timetable, you are
given 30 minutes to FINALISE the uploading of your exam file. Your exam file
must be uploaded via the myExams platform on 20 May 2024 BEFORE 18h30
(South African Standard Time).
5. This is a closed-book examination. While the examination is in progress, you are
not allowed to consult another person or any source in order to assist you to
answer any of the questions contained in this question paper. While the
examination is in progress, you may not assist another student in answering any of
the questions contained in this question paper.
, lOMoAR cPSD| 48745187
Question 1
The ABC Social Security Organisation is an organisation that promotes research in social security
law in South Africa. The organisation holds annual conferences in different provinces in the
country. You have been invited to give a presentation at one of these conferences. Prepare a
presentation on the following:
(a) The role played by international law in the development of South Africa’s social
security system. (10)
(b) The shortcomings in the South African social security system. (10)
[20]
Question 2
(a) Explain how the right to have access to social security can be limited in South
Africa (6)
(b) Explain the difference between direct and indirect discrimination. (4)
(c) Discuss how the Constitution of the Republic of South Africa, 108 of 1996, gives
priority to the rights of children conferred in section 28. (10)
[20]
Question 3
, lOMoAR cPSD| 48745187
(a) Joe has been a member of a retirement fund managed by XYZ Cover for many years. He
joined the fund as part of his employment contract at ABC Wholesalers. When joining the
fund, he also completed a nomination form in terms of which he nominated his two sons
from his first marriage as the beneficiaries in the event of his death. On his death he is
survived by four dependants, his two sons from his first marriage, his second wife and a
daughter whom he and his second wife had adopted. XYZ Cover, instead of acting only in
terms of the nomination, allocates the benefits payable by the fund to all four dependants.
With this in mind, answer the following question.
Fully advise Joe’s two sons on whether they can successfully approach the court to request
an order declaring that the benefits must be paid to them to the exclusion
of the second wife and the adopted daughter. (10)
(b) Thabang has been employed as a mineworker for several years. He contracted silicosis (a
lung disease) whilst working at the mine and has a lung function loss of 50% as a result
thereof. Thabang wants to know whether he can claim any compensation in relation to
silicosis contracted whilst working at the mine. Advise
him fully. (10)
[20]
QUESTION 4
(a) Discuss the shortcomings found in South Africa’s public health care system. (5)
(b) Explain the minimum content of health benefits covered by the ILO Convention
102 of 1952. (5)
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