PVL1501/201/3/2021

Tutorial Letter 201/3/2021

Law of Persons

Semester 1 and 2

Department of Private Law

IMPORTANT INFORMATION
This tutorial letter contains important information about your module.

BARCODE
 CONTENTS

Page

1 ADMISSION TO THE EXAMINATION .......................................................................................... 3

2 COMMENTARY ON ASSIGNMENT 01 ........................................................................................ 3
2.1 General ......................................................................................................................................... 3
3 COMMENTARY ON ASSIGNMENT 02 ........................................................................................ 7
4 COMMENTARY ON SELF-EVALUATION ASSIGNMENT ......................................................... 12
4.1 General ....................................................................................................................................... 12
4.2 Questions and answers .............................................................................................................. 12
5 CONCLUSION OF THE SEMESTER’S WORK AND INFORMATION ON PREPARATION FOR
THE EXAMINATION ................................................................................................................... 20
5.1 Information on preparation for the examination ........................................................................... 20
5.2 Tips for the examination .............................................................................................................. 20

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 PVL1501/201/3/2021

Dear Student

1 ADMISSION TO THE EXAMINATION

There are two assignments for this module. Assignment 01 and 02 each contributes 10%
towards your final mark for this module. All students, whether registered for the first or
second semester, were required to complete the assignments in Tutorial Letter 001/3/2021.
This is due to the fact that we have only one super semester this year. In Tutorial Letter
101/3/2021, we also included a self-evaluation assignment, which should not have been
submitted. Below we provide commentary on all three assignments. The commentary on the
self-evaluation assignment allows you to evaluate your answers yourself.

2 COMMENTARY ON ASSIGNMENT 01

2.1 General

This is a compulsory assignment. In order to gain admission to the examination, it is not

required that you pass this assignment, but since the mark you obtain for assignment 01 will
contribute 10% towards your final mark for this module, it will be to your advantage to do well
in the assignment. The following general assessment criteria were used to evaluate the
problem-type questions in your assignment:

Assignment 01:

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

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

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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

your answer

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
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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]

(a) Yes.(1)
The birth was fully completed / the child was born alive / the Director-General of Home
Affairs has to be notified of every live birth / births must be registered within 30 days.(1)
Authority: Births and Deaths Registration Act 51 of 1992.(1)

(Authority had to be provided in order to be awarded full marks).

(b) No.(1)
The nasciturus fiction is applied.(1)
Distribution is postponed until it is certain whether or not the child has been born alive / if
the child is born alive she inherits as if she was already born at the time of Thomas’
death (1)
But the application of the fiction must be to the advantage of the nasciturus.(1)
In this case the only persons who will benefit are the child’s intestate heirs and not the
child,(1) so the fiction will not apply.

(There are five marks for this four-mark question).

(Heaton pp 8, 12-13; Study Guide pp 22, 27)

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]

Yes, Allison will be able to lodge a claim.(1)

Authority: Road Accident Fund v Mtati(1)
(You had to provide the full case name to get a mark for authority).
(Heaton p 17-18; Study Guide p 29-30)

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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]

(a) No, he may not terminate the pregnancy.(1)

Dr Coleman must advise her to consult with her parents, but may not deny termination
during the first 12 weeks of the gestation period as long as she can give informed
consent. However, thereafter her request alone is not sufficient. Between the 13 th and the
20th week termination can only be done if there are special circumstances – section
2(1)(b) of the Choice on Termination of Pregnancy Act 92 of 1996 contains these
circumstances - and none of these circumstances are present. Katlego is more than 12
weeks pregnant and termination can only be done if there are special circumstances and
there are none of these present.(1)

(b) Yes he may.(1)

Rape is one of the circumstances in terms of which the pregnancy may be terminated
between the 13th and 20th week of pregnancy.(1)

(c) A foetus is not a legal subject.(1)

It has no legal protection / has no rights prior to birth / has no right to life in terms of
section 11 of the Constitution of the Republic of South Africa.(1)
Authority: Christian Lawyers Association of South Africa v The Minister of Health.(1)
(You were not awarded full marks if you did not refer to the case as authority).
(Heaton pp 20-21, 23; Study Guide p 32-33).

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,

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last year he was convicted of murder and is now serving his 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)
[4]

(a) Peter is domiciled in Durban.(1)

Authority: Nefler v Nefler(1)
(You had to provide the full case name to get a mark).
(Heaton p 46)

(b) Patricia is domiciled in George.(1) Mentally incapacitated persons acquire a domicile at

the place with which they are most closely connected.(1)
(Heaton p 46; Study Guide p 56)

TOTAL: [20]

3 COMMENTARY ON ASSIGNMENT 2

ASSIGNMENT 02: MULTIPLE-CHOICE ASSIGNMENT

Submission date: 5 JULY 2021

Unique number: Not relevant.

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

This assignment deals with learning units 2 to 12.

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

South African law recognises two classes of legal subjects. These are juristic persons and
natural persons.

(Only Study Guide p 15; Heaton pp 4-5)

Option [3] is the correct alternative.

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)

The constitutionality of the prescription of minors’ claims was successfully challenged in

Malcolm v Premier, Western Cape Government NO.

(Heaton p 5)

Option [4] is the correct alternative.

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)

In terms of the nasciturus rule legal personality may begin at conception whenever it benefits a
nasciturus.

(Only Study Guide 33-34; Heaton p 26)

Since you had to choose the correct option, option [1] is the correct alternative.

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.

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[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)

A common-law presumption of death order does not automatically terminate the person’s marriage.
The court that pronounces a presumption of death is empowered to make an order dissolving
the person’s marriage or civil union at the same time that the presumption of death is made, or
at any time thereafter. In other words, a separate application for an order dissolving the
marriage or civil union may be made. The court may not grant the order on its own initiative. It
may only do so on the application of the surviving spouse or civil union partner.

(Only Study Guide p 44; Heaton p 31)

Since you had to choose the incorrect option, option [4] is the correct alternative.

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)

In YM v LB the Supreme Court of Appeal confirmed that the High Court as upper guardian of
minors has an inherent power to order such tests in a paternity dispute if the order is in the
child’s best interests. The court held in an obiter dictum that it must consider in each case
whether it is in the interests of the particular child to know the truth about the identity of his or
her father.

(Only Study Guide p 66; Heaton p 61)

Option [3] is the correct alternative.

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)

Both parents have the duty to support their child. Option [1] is therefore not the answer.

This duty is apportioned between them according to their respective means. Option [2] is

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therefore not the answer.

If an unmarried parent dies, his or her estate is responsible for the child’s maintenance. Option
[3] is therefore the answer.

If the parents cannot support a child, the duty passes to the grandparents. Option [4] is
therefore not the answer.

(Heaton 66)

Option [3] is the incorrect alternative.

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)

In GM v KI the High Court assumed that the requirements are not cumulative, for it held that the
father acquired full parental responsibilities and rights when he consented to being identified as
the child’s father.

(Heaton p 69)

Option [1] is the correct alternative.

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)

The right to freedom of religion, belief and opinion is not a right afforded to children in terms of
section 28 of the Constitution of the Republic of South Africa, 1996.

(Heaton p 80)

Option [2] is the correct alternative.

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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)

An infans has no capacity to act. Option [1] is therefore not the answer.

An infans cannot conclude a juristic act even with the assistance of his or her guardian.
Option [2] is therefore the answer.

The guardian has to act for the infans and on the infans’ behalf. An infans cannot even accept a
donation. Option [3] is there not the answer.

An infans may be liable for delicts that are not based on fault. Option [4] is there not the
answer.

(Only Study Guide p 83-85; Heaton p 84-85)

Since you had to choose the correct option, option [2] is the correct alternative.

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)

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 a
condictio.

(Only Study Guide p 97; Heaton pp 93-94)

Option [4] is the correct alternative.

TOTAL ASSIGNMENT 02: [20]

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4 COMMENTARY ON SELF-EVALUATION ASSIGNMENT

4.1 General

This is a self-evaluation assignment. It means that you have to evaluate the answers to the
assignment questions yourself with reference to the comments below. Before you go through
the answers, make sure that you have answered the questions to the best of your ability.

Below, we provide you with the answers to all the questions. We could not include every
possible answer, but if you compare your own answers to the answers below, it will give you a
good indication of how well you know the content of the module.You should use these
comments to evaluate your own answers, so that you can ascertain whether your answers are
correct and complete, and whether you have included and/or discussed all the relevant legal
principles, legislation and/or prescribed cases correctly.

In this way you should work through the commentary thoroughly, and make an honest attempt
to compare it with your answers. If any of your answers fall short of the commentary, you should
work through the relevant section of the tutorial material thoroughly again. The commentary
contains the minimum amount of information that we expect in your assignment answers. It is
also a good indication of what we expect from you in similar questions in the examinations.

4.2 Questions and answers

Question 1

(a) Mrs Naidoo is a client of ABC Bank. She invested some money with the bank on the
advice of Mrs Kheti, a functionary of the bank. However, she is unhappy about the
interest she earned on the investment. Mrs Naidoo now wants to take the matter to court.
She is not sure whether she should sue the bank or Mrs Kheti. Please advise her in this
regard and provide a reason for your answer. (2)

Mrs Naidoo may sue ABC Bank.(1) The juristic person (in this case the ABC Bank) as a legal
subject, enjoys a legal existence independent from that of its members or the natural persons
who created it. Naturally the juristic person must act through its functionaries (in this case Mrs
Kheti).(1) When the functionaries act on behalf of the juristic person, it is the juristic person that
acquires rights, duties and capacities and not the functionaries themselves in their personal
capacities. Therefore, in this case Mrs Kheti acted as a functionary of ABC Bank and not in her
personal capacity.(1)

(There are 3 marks possible marks for this 2-mark question).

(Heaton J The South African Law of Persons 4 ed (2012) (hereinafter “Heaton”) p 5)

(b) In terms of the nasciturus fiction, a situation may arise where a nasciturus would have
had certain claims or rights had he or she already been born. In such a case, the legal
position is kept in abeyance until the nasciturus is born alive. Briefly explain what will

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happen to these claims or rights if the nasciturus dies during birth. Provide a reason for
your answer. (2)

If the child dies during birth or shortly thereafter, the nasciturus fiction will not be applied,(1)
because the only persons who will benefit from the application of the fiction are the child’s
intestate heirs and not the child personally.(1)

(Only Study Guide p 24; Heaton p 13)

(c) In terms of the Choice on Termination of Pregnancy Act 92 of 1996, a pregnancy may
under certain circumstances be terminated after the 20th week of the gestation period.
Name these circumstances. (3)

After the 20th week of the gestation period a pregnancy may be terminated if the continued
pregnancy will do any of the following (circumstances):

(1) Endanger the woman’s life.(1)

(2) Result in a severe malformation of the foetus.(1)

(3) Pose a risk of injury to the foetus.(1)

(Heaton pp 20-21)

(d) Write down the presumption of death procedure that will be instituted in each of the
following cases:

(i) Sikhulile Banda was shot and killed during an armed robbery at her home. (1)

Statutory presumption.(1)

(Heaton pp 29-30)

(ii) Michael Sibanyone went fishing off the coast at Lambert’s Bay. The boat capsized,
and Michael was never seen again. (1)

Common law presumption.(1)

(Heaton pp 28-29)

(e) Refilwe’s husband, Ntokozo, has been missing for 10 years. Last year the court granted
an order presuming him to be dead. Answer the following questions:

(i) Refilwe wants to know if Ntokozo’s estate may be divided among his heirs. She also
wants to know what will happen regarding his estate if he is not dead and returns at a
later stage. (2)

After a death has been presumed, the person’s estate may, in principle, be dealt with as if he or
she is dead. Therefore, Ntokozo’s estate can be administered and divided among his or her
heirs.(1) The courts have, however, on occasion adopted a cautious attitude and have ordered

13
that while the estate may be divided, the heirs must furnish security for the restoration of the
property, or its value, should the missing person return.(1)

(Heaton p 31)

(ii) Refilwe wants to know if she will be able to remarry now that the presumption of
death order has been granted. Explain to her whether her marriage has been
terminated and provide reasons as well as authority for your answer. (4)

A common law presumption of death does not automatically terminate the person’s marriage.(1)
In terms of section 1 of the Dissolution of Marriages on Presumption of Death Act,(1) the court
that pronounces a presumption of death is empowered to make an order dissolving the person’s
marriage or civil union at the same time that the presumption of death is made, or at any time
thereafter.(1) In other words, a separate application for an order dissolving the marriage or civil
union may be made. The court may not grant the order on its own initiative.(1) It may only do so
on the application of the surviving spouse or civil union partner. Therefore, Refilwe will be able
remarry once the court has granted an order dissolving her marriage.(1)

(There are 5 marks possible marks for this 4-mark question.)

(Heaton p 31)

[15]

Question 2

(a) Column A of the table below contains a list of definitions dealing with a person’s standing
in the law. Select the relevant concept from the list below and write it down in column B
next to the appropriate definition, so that column A matches column B: (8)

Legal capacity
Capacity to litigate
Status
Capacity to act

Column A Column B

(i) Status (2)

A person’s standing in the law.

(Heaton p 35)

(ii) Legal capacity (2)

The capacity to have rights and duties.
(Heaton p 36)

The capacity to perform valid juristic acts.

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(iii) Capacity to act (2)

(Heaton p 36)

The capacity to appear in court as a party to (iv) Capacity to litigate (2)

a lawsuit.
(Heaton p 37)

(b) Cheri is 19 years old and mentally incapacitated. She was born in Bloemfontein. A
curator was appointed for her when she turned 18. Cheri’s curator is domiciled in
Pretoria, where Cheri’s parents live. However, Cheri currently lives with her sister in
Stellenbosch. With reference to authority and reasons, indicate where Cheri is domiciled.
(4)

Cheri is domicile in Stellenbosch. In terms of the Domicile Act(1) a person who does not have
the mental capacity to make a rational choice, like Cheri, cannot acquire a domicile of choice.
(1) Cheri accordingly acquires a domicile at the place with which she is most closely connected.
(1) Since she is currently living with her sister in Stellenbosch, it would be the place with which
she is most closely connected. (1)
(Only Study Guide 55; Heaton p 46)

(c) In terms of section 21(1) of the Children’s Act 38 of 2005, an unmarried biological father
acquires full parental responsibilities and rights of his child in certain circumstances.
Discuss those circumstances. (5)

An unmarried biological father acquires full parental responsibilities and rights in respect of the
child in the following circumstances:

• If he lives with the child’s mother in a permanent life partnership when the child was
born(1).
• Regardless of whether he has ever lived with the child’s mother:(1)
• If he consents / successfully applies to be identified as the child’s father(½) (you only
have to list one), or pays damages in terms of customary law(½);
• If he contributes / attempts to contribute(½) (you only have to list one) in good faith(½) to
the child’s upbringing(½) or maintenance(½).

(Heaton 68)

(d) Bonolo Ndou is the daughter of Mr Moreki and Miss Ndou, who are not and never have
been married to each other. Mr Moreki was married to Mrs Moreki. Three children were
born of Mr and Mrs Moreki’s marriage. Mr Moreki died intestate a month ago. Bonolo

15
 wants to know if she can inherit from her father’s estate. Advise her with reference to
authority. (3)

Yes Bonolo may inherit intestate from her father’s estate.(1) In terms of section 1(2) of the
Intestate Succession Act 81 of 1987,(1) the fact that a child was born of unmarried parents
does not affect the capacity of one blood relation to inherit the intestate estate of
another.(1)
(Heaton p 79)

[20]

Question 3

(a) Fill in the missing words:

Section 28(2) of the Constitution of the Republic of South Africa, 1996 provides that a
child’s _________________ _______________________ (two words) are of
______________ ______________ (two words) in every matter concerning the child. (4)

Section 28(2) of the Constitution of the Republic of South Africa, 1996 provides that a child’s
best interests are of paramount importance in every matter concerning the child.

(Heaton 80)

(b) Normally a guardian does not incur personal liability in terms of a minor’s contract,
regardless of whether the guardian assists the minor or acts on behalf of the minor.
There are, however, four instances where a guardian may be held liable in respect of a
contract concluded by a minor. Name these four instances. (4)

A minor acted as his or her agent(1)

If he or she guaranteed the minor’s performance(1)

The guardian bound himself of herself as surety for the minor’s performance(1)

The guardian may be held liable on the basis of negotiorum gestio(1)

(Heaton p 91)

(c) Can an antenuptial contract a minor concluded without the necessary consent be ratified
by the minor’s guardian after the marriage has taken place? Discuss with reference to
case law. (4)

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No,(1) in Edelstein v Edelstein(1) it was held that an antenuptial contract that was concluded
without the necessary consent cannot be ratified by the minor or the minor’s guardian once the
marriage has taken place,(1) because ratification would amount to an impermissible change of
the matrimonial property system.(1)

(Heaton p 92)

(d) Nomsa is 16 years old and lives with her parents in Mbombela where she also attends
school. A few weeks ago, Nomsa bought a car for R50 000 from Mr Sibanyone. Nomsa
pretended to be 19 years old and showed a fake identity document to Mr Sibanyone to
prove that she is indeed a major. Nomsa paid a deposit of R10 000 and agreed to pay Mr
Sibanyone R2 000 per month until the full purchase price was paid. However, after three
months she realised that she could not afford the monthly instalments. Answer the
following questions:

(i) What is the purpose of restitutio in integrum? (1)

The purpose of restitutio in integrum is to restore the status quo ante (that is, the previous
position).(1)

(Only Study Guide p100; Heaton p 98)

(ii) Would Nomsa be able to use restitutio in integrum as a remedy in this scenario?
Answer “yes” or “no” and give a reason for your answer. (2)

No.(1) The minor did not have the requisite assistance when she entered into the contract.
Thus, the contract was not valid.(1) The contract was not prejudicial to the minor.(1)
(There are 3 marks possible marks for this 2 mark question.)
Heaton 98

(iii) What remedy would Mr Sibanyone be able to use to hold Nomsa liable for the
outstanding instalments in terms of the contract? Also name the requirements that
must be met by Mr Sibanyone in order to succeed with this remedy. (3)

Nomsa will be liable on the ground of misrepresentation.(1) The requirements are that that the
misrepresentation induced Mr Sibanyone to enter into the contract(1) and that Mr Sibanyone
must have suffered loss.(1)

(Only Study Guide p 98; Heaton p 96)

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(e) Write down the minimum ages at which a minor may…
(i) witness a will (1)

14 years old.(1)
(Heaton p 99)

(ii) be a depositor with a mutual bank (1)

16 years old.(1)
(Heaton p 93)

(iii) make his or her own will (1)

16 years old.(1)
(Heaton p 99)

(iv) incur criminal liability in terms of the Child Justice Act 75 of 2008 (1)

10 years old.(1)
(Heaton p 106)

(f) Name the three instances when a minor may undergo an HIV test in terms of the
Children’s Act 38 of 2005. (3)

A minor may undergo an HIV test only in the following circumstances:

(1) the test is necessary to establish whether a health worker may have contracted HIV due
to contact in the course of a medical procedure with any substance from the minor’s body
that may transmit HIV;(1)

(2) any other person may have contracted HIV due to contact with a substance from the
minor’s body that may transmit HIV, and a court may authorised the test;(1) or

(3) the test is in the child’s best interests and the necessary consent has been given for the
test.(1)

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(Heaton p 103)

[25]

Question 4

(a) Indicate whether each of the following statements is TRUE or FALSE:

(i) A person who enters into a valid customary marriage before he or she turns 18
becomes a major for all purposes. (1)

True.(1)

(Heaton p 101)

(ii) A person who enters into a void marriage before he or she turns 18 becomes a major
for all purposes. (1)

False.(1)

(Heaton p 100)

(iii) A person who enters into a valid civil marriage before he or she turns 18 becomes a
major for all purposes. (1)

True.(1)

(Heaton p 100)

(iv) A minor cannot acquire minority status by entering into a civil union. (1)

There was a mistake in the question – it should have read “A minor cannot acquire majority
status by entering into a civil union” This statement is true(1)

(Heaton p 102)

(b) Write a brief paragraph about the legal status of a mentally ill person. (4)

A mentally ill person has no capacity to act or locus standi in iudicio.(1) Consequently, a
mentally ill person cannot enter into legal transactions(1) or litigate even with the assistance of

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his or her curator;(1) the curator must conclude transactions and sue on behalf of the mentally
ill person.(1)

(Heaton p 114)

(c) Define the term “insolvent”. (2)

A person is insolvent if his or her liabilities(1) exceed his or her assets(1) (in other words, when
he or she has more debts than assets).

(Heaton p 139)

[10]

TOTAL SELF-ASSESMENT ASSIGNMENT: [70]

5 CONCLUSION OF THE SEMESTER’S WORK AND INFORMATION ON

PREPARATION FOR THE EXAMINATION

5.1 Information on preparation for the examination

PLEASE ENSURE THAT YOU CHECK ON MYUNISA THAT YOU HAVE THE CORRECT
EXAMINATION DATE.

You should study all the tutorial material for examination purposes, in other words

• the only Study Guide for PVL1501

• the applicable sections from Heaton The South African law of persons 5 ed (2017)

• the prescribed cases that are included in your reader (also see 4.4 and 4.4.1 in
Tutorial Letter 101)

• all tutorial letters containing tutorial material

5.2 Tips for the examination

• Time management is the key to successfully completing any examination.

• Ensure that you know and can clearly distinguish between different legal concepts.

• It is important to read each question carefully and make sure you know what is
asked. Multiple choice questions can be very tricky, as the options are usually all
very similar. If you do not know exactly what is asked, it is difficult to identify the
correct answer.

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 PVL1501/201/3/2021

We trust that this tutorial letter will be of help to you. Best of luck with your preparation for the
examination!

Regards

MR T SKOSANA
012 429 8430
skosatm@unisa.ac.za

PROF S FERREIRA
012 429 8717
ferres@unisa.ac.za

DR CS VAN DER WESTHUIZEN

012 429 8525
vdwescs@unisa.ac.za

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