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MODULE NAME: MODULE CODE:

LAW OF PERSONS LAPE5111/p
LAW OF PERSONS LAWP5112
LAW OF PERSONS LAWP020
LAW OF PERSONS AND THE FAMILY 1A LOPF5111
LAW OF PERSONS AND THE FAMILY 1A LOPF5121

ASSESSMENT TYPE: TAKE-HOME ASSESSMENT (PAPER ONLY)

TOTAL MARK ALLOCATION: 60 MARKS
TOTAL TIME: This assessment should take you 1 hour to complete, however
you have 21 hours (midnight to 9pm on the same day) to
submit. This additional time has been allocated to allow for the
download, completion and upload of your submission.
By submitting this assessment, you acknowledge that you have read and understood all the rules as
per the terms in the registration contract, in particular the assignment and assessment rules in The IIE
Assessment Strategy and Policy (IIE009), the intellectual integrity and plagiarism rules in the
Intellectual Integrity Policy (IIE023), as well as any rules and regulations published in the student
portal.

INSTRUCTIONS:
1. Please adhere to all instructions. These instructions are different from what is normally
present, so take time to go through these carefully.
2. Independent work is required. Students are not allowed to work together on this assessment.
Any contraventions of this will be handled as per disciplinary procedures in The IIE policy.
3. No material may be copied from original sources, even if referenced correctly, unless it is a
direct quote indicated with quotation marks.
4. All work must be adequately and correctly referenced and this must be done using the IIE Legal
Referencing Guidelines.
5. You should paraphrase the concepts (use your own words) that you are referencing, rather
than quoting directly.
6. Marks will be awarded for the quality of your paraphrasing.
7. This is an open-book assessment.
8. Your assessment may be handwritten or typed.
9. Answer all questions.
10. For typed assessments: ensure that you save a copy of your responses.
a. Complete your responses in an MS Word document.
b. The document name must be your name, student number and Module Code.
c. Once you have completed the assessment, upload your document under the submission
link in the correct module in Learn.
11. If you are completing a hardcopy in your own handwriting:
• You need to complete your questions in your own handwriting on paper.

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• Ensure that all your pages are numbered on the top right hand side of the page – e.g. 1 of 12.
• Please work neatly, write clearly and ensure that your questions are clearly numbered in a
coherent order so that you do not lose marks because your lecturer cannot read your
handwriting or cannot follow the orderly flow of your questions in the paper.
• Either (i) Scan your pages OR (ii) photograph your pages. Ensure that the pages are in the
correct order.
• Label your photographs or scanned paper as follows: Name, Student Number, Module Code
and Page 1; (for each page in the event that you are scanning photographs or separate
scanned pages. Where you scan the whole paper all at once, you need only use this label
once). It is also suggested that you write your name, student number and module code at the
top or bottom of your pages.
• Once you have completed the assessment, upload your document under the submission link
in the correct module in Learn.
• When referencing according to the IIE Legal Referencing Guidelines in your own handwriting,
keep some space at the bottom of each page to write in your footnotes as if you were
inserting them using MS Word and remember to include a written bibliography at the end of
your paper

Additional instructions:
• Dictionaries and calculators are allowed.
• For multiple-choice questions, give only one (1) response per question. The marker will ignore
any question with more than one answer, unless otherwise stated. You should, therefore, be
sure of your answer before committing it to paper.
• Show all calculations, where applicable (marks may be awarded for this).

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Referencing Rubric - IIE Legal Referencing Guidelines

Providing evidence based on valid and referenced academic sources
is a fundamental educational principle and the cornerstone of high-
quality academic work. Hence, The IIE considers it essential to
develop the referencing skills of our students in our commitment to
achieve high academic standards. Part of achieving these high
standards is referencing in a way that is consistent, technically
correct and congruent. This is not plagiarism, which is handled
differently.
Poor quality formatting in your referencing will result in a penalty of
a maximum of ten percent being deducted from the percentage
awarded, according to the following guidelines. Please note,
however, that evidence of plagiarism in the form of copied or
uncited work (not referenced), absent reference lists, or
exceptionally poor referencing, may result in action being taken in
accordance with The IIE’s Intellectual Integrity Policy (0023).
Markers are required to provide feedback to students by indicating
(circling/underlining) the information that best describes the
student’s work.
Minor technical referencing errors: 5% deduction from the
overall percentage – the student’s work contains five or more
errors listed in the minor errors column in the table below.
Major technical referencing errors: 10% deduction from the
overall percentage – the student’s work contains five or more
errors listed in the major errors column in the table below.
If both minor and major errors are indicated, then 10% only (and
not 5% or 15%) is deducted from the overall percentage. The
examples provided below are not exhaustive but are provided to
illustrate the error

Required:
Technically correct referencing
style
Consistency
• The same referencing format
has been used for all footnote
references and in the
bibliography/reference list.
Technical correctness
• Referencing format is
technically correct throughout
the submission.
• Position of the reference: a
reference is directly associated
with every concept or idea.
• For example, quotation marks,
page numbers, years, etc. are
applied correctly in the
footnotes, sources in the
bibliography/reference list are
correctly presented.
Congruence between footnotes
and and bibliography/ reference
list
• All sources are accurately
reflected and are all accurately
included in the bibliography/
reference list.
In summary: the recording of
references is accurate and
complete.
Minor errors in technical correctness of
referencing style
Deduct 5% from percentage awarded
Minor inconsistencies.
• The referencing style is generally
consistent, but there are one or two
changes in the format of footnote
referencing and/or in the bibliography.
• For example, page numbers for direct
quotes (footnote) have been provided
for one source, but not in another
instance. Two book chapters
(bibliography) have been referenced in
the bibliography in two different
formats.
Generally, technically correct with some
minor errors.
• The correct referencing format has been
consistently used, but there are one or
two errors.
• Concepts and ideas are typically
referenced, but a reference is missing
from one small section of the work.
• Position of the references: references
are only given at the beginning or end of
every paragraph.
• For example, the student has incorrectly
presented direct quotes (footnotes)
and/or book chapters
(bibliography/reference list).
Generally, congruence between the
footnotes referencing and the
bibliography/ reference list with one or
two errors.
• There is largely a match between the
sources presented in-text and the
bibliography.
• For example, a source appears in the
footnotes, but not in the bibliography/
reference list or vice versa.
In summary, at least 80% of the sources
are correctly reflected and included in a
reference list.
Major errors in technical correctness of referencing
style
Deduct 10% from percentage awarded
Major inconsistencies.
• Poor and inconsistent referencing style used in
footnotes and/or in the bibliography/ reference
list.
• Multiple formats for the same type of referencing
have been used.
• For example, the format for direct quotes
(footnotes) and/or book chapters (bibliography/
reference list) is different across multiple
instances.
Technically incorrect.
• The referencing format is incorrect.
• Concepts and ideas are typically referenced, but a
reference is missing from small sections of the
work.
• Position of the references: references are only
given at the beginning or end of large sections of
work.
• For example, incorrect author information is
provided, no year of publication is provided,
quotation marks and/or page numbers for direct
quotes missing, page numbers are provided for
paraphrased material, the incorrect punctuation is
used (footnotes); the bibliography/reference list is
not in alphabetical order, the incorrect format for
a book chapter/journal article is used, information
is missing e.g. no place of publication had been
provided (bibliography); repeated sources on the
reference list.
A lack of congruence between the footnote
referencing and the bibliography.
• No relationship/several incongruencies between
the footnote referencing and the
bibliography/reference list.
• For example, sources are included in-text, but not
in the bibliography and vice versa, a link, rather
than the actual reference is provided in the
bibliography.
In summary, at least 60% of the sources are
incorrectly reflected and/or not included in
reference list.

Overall Feedback about the consistency, technical correctness and congruence between footnote referencing and bibliography:

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Question 1 (Marks: 20

Q.1.1 Distinguish between the age thresholds for marriage of boys and girls in terms (6)
of the common law.

(NOTE: Marks will be awarded for your ability to clearly and concisely show
how these two positions differ by using simple language.)

Q.1.2 Discuss whether the common law position in Q.1.1 above could be criticised (3)
and, if so, on what grounds.

Q.1.3 Critically argue whether it is possible to insist that Home Affairs change a
person’s identity document to reflect a different sex without the person having
undergone genital surgery.
(5)

Your answer should discuss the requirements set out in the Alteration of Sex
Description and Sex Status Act 49 of 2003 in this regard.

Q.1.4 Using your own words (paraphrasing) as far as possible, explain the difference
between the types of curator a mentally ill person may have.

(6)
(NOTE: Marks will not be awarded for quoting directly from the textbook,
whether correctly referenced or not. Marks will be awarded for the quality of
paraphrasing).

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Question 2 (Marks: 10)

Answer whether true or false. Provide a reason for your answer. Where no reason is provided, a
zero will be awarded.

Q.2.1 In the divorce case of W v W 1976 2 SA 308 (W) the Court refused to accept the
description of a person’s sex on the updated birth certificate as being the (2)
person’s ‘true sex’.

Q.2.2 The powers of a curator which are set out in the letter of curatorship may not
(2)
be varied or changed.

Q.2.3 An application for the appointment of an administrator of a mentally ill

person’s estate may be brought by someone who is not considered a next of kin (2)
of the patient.

Q.2.4 The common law defines puberty for girls at 11 and for boys at age 13. (2)

Q.2.5 While the functions of a curator and administrator are broadly similar, the
(2)
process of appointment is different.

Question 3 (Marks: 10)

The following Multiple-choice questions are based on the theme “sex and gender”. Select one
correct answer for each of the following. In your answer booklet, write down only the number of
the question and next to it, the number of the correct answer.

Q.3.1 Sex may be explained as: (2)

(1) a biological term;
(2) a social term;
(3) a religious term;
(4) a political term;
(5) All of the above.

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Q.3.2 For legal purposes, sex is determined by:- (2)

(1) what a child believes their sex to be;
(2) how society views a child in terms of acceptable behaviour;
(3) what parents record on the prescribed notice of birth form;
(4) options (1) and (2) only;
(5) options (2) and (3) only.

Q.3.3 The natural sex of a person affects their capacity and status in the following (2)
ways:-
(1) an unmarried mother is prohibited from being the natural guardian of her
child;
(2) the legal age of puberty differs for girls and boys;
(3) ministerial consent is required for the marriage of all minors only from the
age of 15 years or younger;
(4) only option (1) is correct;
(5) only option (2) and (3) are correct.

Q.3.4 The law differentiates on the basis of sex when: (2)

(1) it sets differing ages of consent for minor boys and girls;
(2) it recognises that boys mature later than girls;
(3) it recognises only the unmarried father as the natural guardian of the
biological child;
(4) it forbids children below the age of puberty from marrying;
(5) only options (1) and (2) are correct.

Q.3.5 The court refused to accept that the description of a person’s sex on his or her (2)
altered birth certificate as the person’s true sex in the following case:
(1) Edelstein v Edelstein NO 1952;
(2) Bezuidenhout v Bezuidenhout 2003;
(3) Fraser v Children’s Court, Pretoria North 1997;
(4) W v W 1976;
(5) Mitchell v Mitchell 1963.

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Question 4 (Marks: 20)

Johan was involved in a motor collision which left him in a coma for approximately two weeks.
When he recovered, he was surprised to find himself at Addington Hospital, having no recollection
of the events that led to the accident, his hospitalisation or traveling to Durban. While there
appeared to be some memory loss, Johan’s vital signs were considered normal and he was
released from hospital. On returning to Welkom, Johan is met by his former girlfriend Ntando at
the bus station. Johan immediately proposes to Ntando and she agrees to marry him immediately.
A quick telephone call to Pastor Steve de Beer, a duly appointed marriage officer and the marriage
ceremony was arranged. Johan and Ntando were married on the same day, the church secretary
and the gardener being present as witnesses. Early one morning, approximately two weeks after
the wedding, Johan suddenly turns over in bed and asks Ntando, “What are you doing here? Who
let you in? Why are you in my bed?”

Q.4.1 Johan wants to have the marriage annulled on the basis of mental illness. He
approaches you for advice on how he will prove that he was mentally ill when
he married Ntando.

Q.4.1.1 Advise Johan on what constitutes mental illness, with specific

reference to how the Court dealt with this definition in the Lange
(5)
case.

Q.4.1.2 Advise Johan on who bears the onus of proving that he was mental
ill and what that burden of proof entails. (2)

Q.4.1.3 Explain to Johan what the presumption that exists in relation to

mental illness entails. (3)

Q.4.1.4 What does the term lucidum intervallum mean with regards to
(2)
mental capacity?

Q.4.2 Explain how mental illness would have affected Johan’s capacity to perform
(5)
juristic act such as a marriage.

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Q.4.3 Imagine that when Johan was in hospital, one of the nurses accidentally gave
him medication that was meant for somebody else. The drugs were so strong
that Johan was behaving in ways that he would never normally behave,
including proposing to some of the nurses and telling other patients that he
was Michael Jackson’s brother. While in hospital, he entered into a contract
with another patient, selling his vintage collectable Porsche to the man for R5. (3)
Two weeks after being released from hospital, the man arrives at Johan’s door
to collect the Porsche, as agreed.

Advise Johan whether he can use intoxication from drugs as a defence to avoid
contractual liability.

END OF PAPER

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