UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG EXAMINATIONS: 26 MAY 2011 SUBJECT COURSE AND CODE: INTRODUCTION TO LAW (LAWS1ILP1) _____________________________________________________________________ External

Examiner: Mr R Scott Internal Examiners: Ms V Balogun Ms J Easthorpe Ms P Singh Mr K Zondi _____________________________________________________________________ DURATION: 3 HOURS TOTAL MARKS: 100 _____________________________________________________________________ Students are requested in their own interests to write legibly. This question paper consists of FIVE (5) pages; please see that you have them all. _____________________________________________________________________ NB: USE SEPARATE ANSWER BOOKS FOR SECTION A AND SECTION B _____________________________________________________________________ SECTION A (50 MARKS) ANSWER THIS SECTION IN A SEPARATE BOOK. ANSWER ALL QUESTIONS QUESTION 1 Discuss the differences between Appeals and Reviews QUESTION 2 File 1 Four women from T Section, Umlazi, Durban have complained to the Commission on Gender Equality about the humiliating punishments they received for wearing trousers. They were caught by concerned community members and then stripped to their underwear and had to watch their offending clothing being set alight. The women were only released after a stern warning that they will be barred from living in the area if they continue to wear mens clothing. One of the women told the local newspaper of this punishment system and how she was an aerobics instructor who had to wear a skirt when she travelled on the kombi and then change into her tracksuit pants at the gym. She now lives in constant fear as she receives threatening phone calls telling her that speaking to reporters is evil and if she thinks being stripped naked was bad she must wait and see what will happen next. [10 marks]

UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG EXAMINATIONS: 26 MAY 2011 SUBJECT COURSE AND CODE: INTRODUCTION TO LAW (LAWS1ILP1) PAGE 2 _____________________________________________________________________

File 2 Mrs Dlamini is 77 years old and takes care of her 34 year old unemployed terminally-ill daughter and 7 grandchildren ranging from the ages of 4 months 16 years on her old age pension. She receives child support grants for only 4 of the children. During January 2011 Mrs Dlaminis pension was stopped as the Department of Social Development said that their records reflected her as having died in December 2010. The family are now completely destitute in that there is virtually no food in the home and the children have had to drop out of school as there is no money. Write a note on each file on whether the human rights of the women complainants have been violated. If yes, then clearly identify and discuss each right which has been violated referring to any relevant case law. [20 marks]

QUESTION 3 Discuss the characteristics of Human Rights. [20 marks]

UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG EXAMINATIONS: 26 MAY 2011 SUBJECT COURSE AND CODE: INTRODUCTION TO LAW (LAWS1ILP1) PAGE 3 _____________________________________________________________________

SECTION B (50 MARKS) INSTRUCTIONS:

1. Students must answer all of the questions below. 2. All questions must be answered utilising all appropriate legal authorities and cases. 3. Answer Section B in a separate answer booklet.

QUESTION 1 1.1 Sizwe and Rob have been friends for the last five years. One day Sizwe decides to play a trick on Rob. He pours Rob a glass of fruit punch into which he, without Robs knowledge, includes a fast dissolving drug called Repynol. The side effects of Repynol include hallucinations, aggression and feelings of extreme paranoia. The drug is easily dissolved in liquids and is colourless, odourless and tasteless. Rob drinks the fruit punch. The drug makes him aggressive. As a result of the drug he slaps his girlfriend Maggie as he believes that she is having an affair with Sizwe. This belief and his aggression are solely due to the side effects of the drug. Rob is then charged with assaulting Maggie. Advise Rob whether he may succeed with the defence that at the time of the act he was under the influence of a drug. Discuss both the statutory and the common law position. [10 marks] Assume for the purposes of this question that Sizwe and Maggie really are having an affair. Rob is a very passive person and he decides to take the drug Repynol, with the side effects as described above, in order to become aggressive enough to confront Maggie and Sizwe about the affair. He then assaults Maggie while he is under the influence of the drug. Can he then rely on the defence that at the time of the act he was under the influence of a drug? Explain your answer. [5 marks]

1.2

UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG EXAMINATIONS: 26 MAY 2011 SUBJECT COURSE AND CODE: INTRODUCTION TO LAW (LAWS1ILP1) PAGE 4 _____________________________________________________________________

QUESTION 2 Thandi is involved in a major accident which is caused solely by the fault of Riaz. She sustains severe injuries at the scene of the accident and would have died from these injuries had medical help in the form of two paramedics, called Jo and Ant not arrived on the scene within minutes of the accident. Riaz is also injured in the accident and Jo and Ant rotate between both patients at the scene. Thandi is transported to the nearest hospital which is a provincial hospital called Sacred Heart Hospital. On arrival at the hospital she is treated by Dr Ricky Ricardo, a graduate of an obscure medical college from China. Due to the shortage of doctors willing to work at South African government hospitals Dr Ricky Ricardo is employed as an ICU specialist at the Sacred Heart Hospital even though his knowledge of English is extremely poor. While he is attending to Thandi he orders the nurse to administer 100 CCs of Endall instead of the maximum allowed dosage of 10 CCs. This error occurs because he has confused the English words for ten and one hundred. Due to the overdosage Thandi has a seizure and dies. Thandis husband brings an action for damages and loss of support against Riaz. Riaz claims that it is Dr Ricardo and not himself who is the cause of Thandis death. Dr Ricardo claims that Thandi would have died from the injuries sustained in the accident regardless of whether he would have made the mistake or not. As such he claims that it is Riaz and not himself who is the cause of Thandis death. Discuss only the issue of causation in your answer. Your answer must comprehensively deal with all the relevant law including all the theories of causation as well as the factors which the court takes into account in reaching its decision. [20 marks]

UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG EXAMINATIONS: 26 MAY 2011 SUBJECT COURSE AND CODE: INTRODUCTION TO LAW (LAWS1ILP1) PAGE 5 _____________________________________________________________________

QUESTION 3 Sipho has been invited to dinner at his girlfriend Annes house. On his way to dinner he meets up with an old friend Jack, whom he has not seen in quite a while. Jack decides to accompany Sipho to Annes house. While Anne is not happy at Jack interrupting the romantic dinner she had planned for herself and Sipho she agrees to him joining them. Later that night while Sipho and Anne are gazing at the stars on the balconey of the house Jack is amusing himself by playing with Annes dog, a maltese poodle called Skippy. Jack taunts Skippy by holding his favourite chew toy above his head and trying to get him to jump and catch it. While Jack is playing with the dog, Skippy bites Jack on the hand which Jack is holding the toy. Jack needs 5 stitches to repair the bite wound on his hand. Jack hears that he may be able to claim his damages from Anne by utilising the Actio De Pauperie. He approaches you for advice. Advise Jack whether he may use this action to claim his damages from Anne. [15 marks]