ASSIGNMENT

DUE DATE: MONDAY THE 3RD DAY OF APRIL

Instructions

Font: Tahoma

Size: 12

Line spacing: 1.5

When you write you must:

Refer to relevant authorities including case law.

Acknowledge your sources (see WSU legal studies referencing guide)

Refer to the marking rubric annexed herein for further guidance.

Scenario

Mr. Dlamini, a fifty-two-year-old male, uses his minibus Toyota quantum to transport
children from Chris Hani Park to Holy Cross High School Mthatha. Mr. Dlamini has been
using Ian Woods Road as his daily route since 2015. The road passes through a
railway, and the railway is equipped with a boom gate and traffic lights to control
traffic movement.

On the morning of the 3rd of March 2023, Mr. Dlamini was driving his minibus carrying
fifteen school children on his daily route. As he approached the railway crossing there
was a line of stationary vehicles waiting for their turn to cross. Mr. Dlamini overtook
the queuing vehicles to cross the railway while the boom gate descended. The traffic
light flashed red (warning of the approaching train and prohibiting vehicles from
crossing).

Upon entering the crossing, the minibus was hit by the train and five children were
fatally injured while ten were badly injured but survived. Mr. Dlamini was slightly
injured.

Question 1

Mr. Dlamini is charged with five counts of murder and ten counts of attempted murder.
He approaches you to be his legal representative and contends that he had no
intention to murder the children. Advise him about the implications of his conduct
on the day in question regarding culpability.

(30)

Question 2

Assuming that Mr. Dlamini is convicted of murder, address the court in mitigation
for a lenient sentence.

(20)
GENERAL MARKING RUBRIC

Exceptional Admirable Acceptable Unacceptable

Legal content and Accurate; all Mostly correct; a Somewhat correct; Completely inaccurate;
argument facts were few more than a few the answers are
precise and inconsistencies or inconsistencies or misleading and incorrect
explicit. errors in the errors in the answers in law.
answers provided.
provided.

Research Went above Did a very good Used the material Did not utilize legal
and beyond to job of provided in an resources effectively; did
research researching; acceptable manner little or no fact-gathering
information; utilized materials but did not consult to answer questions.
solicited provided to their any additional
material in full potential; primary or secondary
addition to solicited more legal resources.
what was than six types of
provided; research to
brought in enhance legal
ideas and legal argument; at
authority to times took the
enhance initiative to find
arguments; and information
utilized more outside of that
than eight provided in the
types of syllabus.
resources to
make legal
arguments
effective.

Language, Was engaging, Was well done Was at times Was not organized
persuasiveness, provocative, and interesting to interesting and was effectively; was not easy
and presentation. and captured the audience; presented clearly and to follow and did not keep
the interest of was presented in precisely; was the audience interested;
the audience a unique manner organized in a logical no use of proper legal
and maintained and was very manner; limited use language and thus the
this throughout well organized; of legal language
the entire legal language which affected the arguments lacked
work; legal was used persuasiveness of persuasiveness.
language was persuasively in the argument.
used correctly most instances.
and
persuasively.