PVL1501/001/3/2021

Tutorial Letter 001/3/2021

Law of Persons

Semester 1 and 2

Department of Private Law

IMPORTANT INFORMATION

Please register on myUnisa, activate your myLife e-mail account and

make sure that you have regular access to the myUnisa module
website, PVL151_2021_S1/S2.

BARCODE
CONTENTS
Page

ASSESSMENT CHANGES for 2021 ACADEMIC YEAR ......................................................................... 3

1.1 Assignment due dates .................................................................................................................. 3
1.2 The unique numbers ..................................................................................................................... 3
1.3 Other assessment ......................................................................................................................... 3
1.4 The examination ........................................................................................................................... 3
1.5 Assignments ................................................................................................................................. 4

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 PVL1501/001/3/2021

Dear Student

ASSESSMENT CHANGES for 2021 ACADEMIC YEAR

Due to the ministerial request to extend the 2021 registration dates, Unisa had to amend both
the semester dates and the assessment arrangements for the 2021 academic year.
During 2021 there will be only one semester and only one tuition and assessment period.
The purpose of Tutorial Letter 001 is to inform you of the new assessment requirements for the
law of persons module (PVL1501).
NB: Tutorial Letter 001 does not replace Tutorial Letter 101, but should be read in
conjunction with it. Tutorial Letter 101 contains important information pertaining to his
module. This tutorial letter only replaces paragraph 8.5 of Tutorial Letter 101, which
deals with the assessment for this module.

1.1 Assignment due dates

The due dates for the submission of assignments are:
Assignment 01: 14 May 2021
Assignment 02: 5 July 2021

1.2 The unique numbers

Please note that as only online submissions will be accepted this semester, no unique number
is necessary. Students are automatically linked to a particular portal which will direct the
assignment submission to the correct destination and the assignment will be allocated to the
correct unique number. You therefore no longer need unique numbers.

1.3 Other assessment

You should still do the self-evaluation assignment as this serves as revision for the examination.

1.4 The examination

For all other information regarding PVL1501, you should still refer to Tutorial letter 101.
Information regarding the date and time of the examination will be communicated to you closer
to the time.
Remember to visit the module site for PVL1501 regularly as important information on the
examination will be posted here.

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1.5 Assignments

ASSIGNMENT 01

DUE DATE: 14 MAY 2021

COMPULSORY ASSIGNMENT

Please note: This is a compulsory assignment for PVL1501 and it counts 10% towards
your year mark for this module.

• This assignment should be submitted by all students registered for 2021. Unless the
university decides to grant a general extension to all students, no extension will be
granted for this assignment after the due date.

• This is a written assignment. For instructions on the submission of written assignments,

please see Study @ Unisa.

• We shall supply you with detailed personal comments on the assignment itself. Detailed
general comments will be available electronically at a later stage in a follow-up tutorial letter.

• It is not necessary that you provide a declaration of honesty, a list of sources or footnotes in
your assignment.

• This assignment covers study units 2 to 7 in the study guide.

ASSESSMENT CRITERIA FOR PROBLEM-TYPE QUESTIONS

Please refer to the marking rubrics below before you attempt to answer the assignment
questions. These will assist you to determine what is required in your answer:

Question 1(a)

Assessment criteria Not yet achieved Partially achieved Achieved

Correctly indicating 0 - 1
whether Synthia has to
register the birth

Providing a reason for 0 - 1

your answer

Providing authority for 0 - 1

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 PVL1501/001/3/2021

your answer

Question 1(b)

Assessment criteria Not yet achieved Partially achieved Achieved

Correctly indicating 0 - 1
whether the child will be
able to inherit

Correctly identifying the 0 - 1

relevant study material

Providing an explanation 0 0.5-1.5 2

for your answer

Question 3(a)

Assessment criteria Not yet achieved Partially achieved Achieved

Correctly indicating 0 - 1
whether Dr Coleman
may terminate the
pregnancy

Providing a reason for 0 - 1

your answer

Question 3(b)

Assessment criteria Not yet achieved Partially achieved Achieved

Correctly indicating 0 - 1
whether Dr Coleman
may proceed with the
termination

Providing a reason for 0 - 1

your answer

Question 3(c)

Assessment criteria Not yet achieved Partially achieved Achieved

Correctly identifying and 0 0.5-1.5 2

discussing the legal
position

Providing authority for 0 - 1

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your answer

QUESTIONS FOR ASSIGNMENT 01 FOR 2021

Question 1

Thomas passed away last week without leaving a will. At the time his wife, Synthia, was
pregnant. Consider each of the following scenarios and answer the questions:

(a) Suppose that the child died in the nursery three hours after her birth. Does Synthia have
to register the birth of the child? Provide a reason as well as authority for your answer. (3)

(b) Suppose that the child died a day after the birth. Will the child be able to inherit from
Thomas’ estate? Explain your answer in a brief paragraph. (4)
[7]

Question 2

Allison, a pregnant woman, was involved in a serious car accident last month. Her child, Zoe,
was born three days after the accident with brain damage. Allison now wants to sue the Road
Accident Fund, as she believes that the brain damage was caused by the accident. Will she be
able to lodge a claim on behalf of a child who had not been born at the time of the accident?
Provide authority for your answer. [2]

Question 3

Katlego, who is fifteen years old, is 19 weeks pregnant. She visits Dr Coleman, the local
medical practitioner, to find out about termination of the pregnancy. Answer the following
questions:

(a) She does not want to tell her parents about the pregnancy. May Dr Coleman terminate
the pregnancy without her parents’ consent? Provide a reason for your answer. (2)

(b) Katlego tells Dr Coleman that the pregnancy is the result of her being raped by a family
friend, and that she does not want to have the baby. However, Dr Coleman is concerned
that the pregnancy is quite advanced. May he proceed with the termination under these
circumstances? Provide a reason for your answer. (2)

(c) Katlego’s friend has told her that the foetus has constitutional rights that have to be
considered before termination can take place. Briefly discuss this with reference to
authority. (3)
[7]

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Question 4

Answer the following questions that deal with domicile:

(a) Peter, a thirty-year-old male, has been living in Johannesburg since his birth. However,
last year he was convicted of murder and is now serving a life sentence in Durban.
Where is he domiciled? Provide authority for your answer. (2)

(b) Patricia, who is 27 years old, was born in Cape Town where she lived until she was
involved in a serious car accident at the age of 25, as a result of which she became
mentally incapacitated. Thereafter her parents, who now live in East London, sent her to
live in a facility in George where she receives special care. She has been living there for
the past two years. Where is Patricia domiciled? Provide a reason for your answer. (2)
TOTAL: [20]

ASSIGNMENT 02

DUE DATE: 5 JULY 2021

COUNTS TOWARDS YOUR YEAR MARK

Please note: This assignment for PVL1501 counts 10% towards your final mark for this
module.

• This assignment should be submitted by all students registered for 2021. Unless
the university decides to grant a general extension to all students, no extension
will be granted for this assignment after the due date.

• Since this is a multiple-choice assignment, it must be completed on a mark-reading

sheet.

• This assignment covers study units 2 to 12 in the study guide.

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QUESTIONS FOR ASSIGNMENT 02

Question 1

South African law recognises two classes of legal subjects. These are … (choose the only
correct option):

[1] Legal subjects and legal objects

[2] Natural persons and unnatural persons
[3] Juristic persons and natural persons
[4] Legal subjects and corporeal things (2)

Question 2

In which one of the following cases was the constitutionality of the prescription of minors’ claims
successfully challenged?

[1] Petersen v Maintenance Officer

[2] Christian Lawyers Association v Minister of Health
[3] Christian League of Southern Africa v Rall
[4] Malcolm v Premier, Western Cape Government NO (2)

Question 3

Choose the only correct option. In terms of the nasciturus rule …

[1] legal personality may begin at conception whenever it benefits a nasciturus.

[2] legal personality may begin at conception whenever the mother chooses this option.
[3] legal personality always begins at conception.
[4] legal personality always begins at birth. (2)

Question 4

Choose the only incorrect option. The effect of a common-law presumption of death order is
that …

[1] the estate may be divided among the heirs.

[2] the order can be set aside at a later stage.
[3] there is a rebuttable presumption that the person is dead.
[4] the person’s marriage is automatically terminated. (2)

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Question 5

In which one of the following cases did the Supreme Court of Appeal confirm that it may order
scientific tests to be performed on a blood or other sample of a child if it is in the child’s best
interests?

[1] MvR
[2] Nell v Nell
[3] YM v LB
[4] OvO (2)

Question 6

Which one of the following statements about maintenance of a child is incorrect?

[1] Both parents have the duty to support their child.

[2] The duty to support a child is apportioned according to the means of the parents.
[3] If an unmarried parent dies, the duty to support the child ends.
[4] If the parents cannot support a child, the duty passes to the grandparents. (2)

Question 7

It is uncertain whether the three requirements in section 21(1)(b) of the Children’s Act are
cumulative or not. In which one of the following cases did the court assume that only one of the
requirements needs to be satisfied?

[1] GM v KI
[2] IvC
[3] RRS v DAL
[4] KLVC v SDI (2)

Question 8

Which one of the following is not a right afforded to children in terms of section 28 of the
Constitution of the Republic of South Africa, 1996?

[1] The right to basic nutrition, shelter, basic health care and social services.
[2] The right to freedom of religion, belief and opinion.
[3] The right to a name and nationality from birth.
[4] The right to be protected from exploitative labour practices. (2)

Question 9

Choose the only correct statement about the legal status of an infans:

[1] An infans has limited capacity to act.

[2] An infans cannot conclude any juristic acts.
[3] An infans can accept a donation.
[4] An infans can never be delictually liable. (2)
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Question 10

If a twelve-year-old minor has made a cash payment for a contract in which she was not
assisted by her guardian and the contract is repudiated, she may recover the money by …

[1] obtaining the guardian’s consent.

[2] applying for restitutio in integrum.
[3] the rei vindicatio.
[4] a condictio. (2)

TOTAL : [20]

We hope that you will enjoy this module and we wish you every success with your studies.

DR CS VAN DER WESTHUIZEN Telephone number: 012 429-8525

PROF S FERREIRA 012 429-8717
MR MT SKOSANA 012 429-8430

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