FACULTY OF SOCIAL SCIENCES, HUMANITIES AND LAW

DEPARTMENT OF LEGAL STUDIES

LAW OF DELICT

LOD 37M1

June/July Examinations

Examiner : Dr O Nabileyo

Internal Moderator : Dr PT Mtunuse

External Examiner : Prof A Van Coller

Date : 3rd May 2023

 Question 1

(a) A state of necessity exists where the defendant is placed in such a position by
superior force (vis major) that he is able to protect recognised interests only
by reasonably violating the interests of an innocent person. What are the
requirements of necessity? [5]
(b) Draw a distinction between patrimonial loss and non-patrimonial loss. [15]

Question 2

(a) Can provocation be a ground of justification in law. Explain [5]

(b) Njabulo an employee at the Mthatha Zoo, dies from injuries following an
attack on him by a tiger. The attack was occasioned by a poor sedation by a
poor sedation by Dr Ngqose, a veteranian surgeon just before their departure
for the new place in Lusikisiki. The death has traumatised his wife Sindiswa
who is unemployed and has been dependent on her husband of many years..
can Sindiswa lodge a claim against Mthatha Zoo for loss of support that she
might have suffered as a result of the death of her husband in the
circumstances as described above? [25]

Question 3

Assume that Sindiswa as stated in question 2 above, was not formally married
Njabulo, but they have lived together for many years. And their relationship was at
all material times known to their respective families. Would she be abele to take
legal action against the employer in such circumstances? [25]
 Question 4

In Hanekom v Zuma (D6316/2019 ZAKZDHC 16 Jacob Zuma referred to Hanekom as

“a known enemy agent. Hanekom did not take kindly to that statement as implied
that he was an apartheid spy. Zuma said this in his Twitter account which has more
more than one million followers. A large number of those followers also hurled
insults at Hanekom. Did Zuma’s conduct amount to a defamation against Hanekom.

[25]

Could Hanekom also sue Zuma followers who hurled insults at him following Zuma’s
statement? [20]