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Section 1 1.1 C, an alleged member of the Live to Die gang, is arrested in Johannesburg, Gauteng, for the alleged murder of A during the gang-related altercation. Upon the police charging C, the prosecutor, P, is of the view that the case should be heard in the district court. Briefly discuss the accuracy or otherwise of the prosecutor’s view in this regard. (2) 8 CPR3701 Oct/Nov 2024 [TURN OVER] 1.2 In any instance where the DPP declines to prosecute for an alleged offence, the Cri...

LCP4804 QUESTIONS Question 1 With the aid of decided cases of critically discuss the differences between living customary law and official customary law and indicate why the living customary law is held to be more aligned to the transformative value of customary law in South Africa. [25] Question 2 Zanele and Buntu have been married for over five years under customary law. Buntu is considering marrying another wife. He wants to know if Zanele must give consent before he can conclude a furthe...

QUESTION 1: THE LEGAL PROFESSION 1.1 Read the following advertisement and answer the questions that follow: ADVERT: VACANT POSITION FOR A LEGAL PRACTITIONER (2 POSITIONS) Unisa Law Clinic has just launched a branch in Makhado, Limpopo, which forms part of the College of Law. This newly launched Law Clinic is a justice center accredited by the Legal Practice Council and is statutorily recognised in terms of the Legal Practice Act 28 of 2014 (as amended). UNISA’s Law Clinic requires the s...

MRL2601 October/November 2023 QUESTION 1 1.1 Beauty, Phineas and Samson are three friends who wish to start their own publishing company. While driving one Sunday afternoon, Samson comes across the perfect office building. He wishes to purchase this building on behalf of the proposed company. Advise Samson on the requirements that would need to be adhered to in terms of the Companies Act 71 of 2008 in order to conclude a valid and binding contract on the company’s behalf before its inc...

Question 1 Mr Nkosi, a retired attorney, owns a residential property in Pretoria. The Pienaars, own the house next to Mr Nkosi’s house. Mr Nkosi has a beautiful garden with very big Jacaranda trees. Although the Pienaars adore the trees, the branches are overhanging on their property. During the Spring season, hundreds of purple flowers end up falling on their lawn to make it look untidy. In summer the branches prevent their lawn from getting enough sunlight. There is also a very big Mar...

QUESTION 1 NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS (ESSAY) (a) Study Nemangwela v Road Accident Fund (437/2022) [2023] ZASCA (8 June 2023) case herein attached as well as the Road Accident Fund Act 56 of 1996 as amended and answer the question below: Write a critical appreciation/analysis of the court’s reasoning to disqualify the forklift as a motor vehicle for the purposes of claiming damages from the Road Accident Fund. Refer to the relevant case law and applicable legislation quo...

QUESTION 1 NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS (ESSAY) (a) Study Nemangwela v Road Accident Fund (437/2022) [2023] ZASCA (8 June 2023) case herein attached as well as the Road Accident Fund Act 56 of 1996 as amended and answer the question below: Write a critical appreciation/analysis of the court’s reasoning to disqualify the forklift as a motor vehicle for the purposes of claiming damages from the Road Accident Fund. Refer to the relevant case law and applicable legislation quo...

A, B, C and D allegedly rob a Town Bank, which is located in the city of Cape Town. Members of the South African Police Services (SAPS) are called to the scene of the crime, during which a shoot-out ensues between police and the robbers. Two of the robbers, A and B manage to escape with an undisclosed amount of the loot. C who is holed up inside the bank, is arrested by Sgt. F, whilst trying to walk out through the main door of the bank. D (who is unarmed) is ordered by Capt. G to surrender...

QUESTION 1 According to recent statistics issued by the Department of Employment and Labour, unemployment in South Africa is sitting at 32.7 percent. This number includes both new and disgruntled graduates. The latter category has been seeking jobs for more than five years without success and has since gave up. In early 2023, a group of graduates formed a movement called Concerned Unemployed Graduates of South Africa (CUGSA) which demands that the government must make jobs available for all the...

QUESTION 1 On the morning of 2 July 2023, a cyclist, Mr John Barnes who is a member of a local bicycle club, “Easy Riders”, is riding on a public road in Lynnwood, Pretoria. Suddenly he is struck from behind by a speeding taxi with registration number BN264GP driven by Joe Speedy. The accident occurs on Lynnwood Road, Pretoria. Mr Barnes is injured as a result of the accident and his bicycle is damaged. Mr Barnes sustains the following injuries: a broken right leg, a broken pelvis, a ...