Law For Life (LWLF101) Assessment 2 PDF

**FACULTY OF MANAGEMENT SCIENCES** **DEPARTMENT OF APPLIED LAW** **LAW FOR LIFE (LWLF101)** ------------------------------------ **ASSESSMENT 2: GROUP ASSIGNMENT** ------------------------------------ **DATE: 02 September 2024** **DUE DATE: 11 October 2024** **EXAMINER: MISS N NDABA** *...

**FACULTY OF MANAGEMENT SCIENCES** **DEPARTMENT OF APPLIED LAW** **LAW FOR LIFE (LWLF101)** ------------------------------------ **ASSESSMENT 2: GROUP ASSIGNMENT** ------------------------------------ **DATE: 02 September 2024** **DUE DATE: 11 October 2024** **EXAMINER: MISS N NDABA** **MODERATOR: MISS D CHETTY, MISS M HLONGWANE** **TOTAL PAGES: 10** **TOTAL MARKS: 50 MARKS** +-----------------------+-----------------------+-----------------------+ | **QUALIFICATION** | **MODULE** | **QUALIFICATION** | | | | | | | **CODE** | **CODE** | +=======================+=======================+=======================+ | D: **BUSINESS | LWLF101 | DIIBA1 | | ANALYSIS** | | | +-----------------------+-----------------------+-----------------------+ | D: CIVIL ENGINEERING | LWLF101 | DICVE1 | +-----------------------+-----------------------+-----------------------+ | D: APPLIED ARTS IN | LWLF101 | BASAT1 | | SCREEN ARTS AND | | | | TECHNOLOGY | | | +-----------------------+-----------------------+-----------------------+ | D: MANAGEMENT | LWLF101 | DIMBA1 | | SCIENCES BUSINESS | | | | ADMINISTRATION (PMB) | | | +-----------------------+-----------------------+-----------------------+ | D: MANAGEMENT | LWLF101 | DIMBL 1 | | SCIENCES BUSINESS LAW | | | +-----------------------+-----------------------+-----------------------+ | D: MANAGEMENT | LWLF101 | DIMHR1 | | SCIENCES HUMAN | | | | RESOURCES | | | +-----------------------+-----------------------+-----------------------+ | D: MANAGEMENT | LWLF101 | DIMMK1 | | SCIENCES MARKETING | | | +-----------------------+-----------------------+-----------------------+ | D: MANAGEMENT | LWLF101 | DIMOR1 | | SCIENCES OPERATIONS | | | | MANAGEMENT | | | +-----------------------+-----------------------+-----------------------+ | D: MANAGEMENT | LWLF101 | DIMPR1 | | SCIENCES PUBLIC | | | | RELATIONS | | | +-----------------------+-----------------------+-----------------------+ | D: MANAGEMENT | LWLF101 | DIMPC1 | | SCIENCES PUBLIC | | | | RELATIONS (PMB) | | | +-----------------------+-----------------------+-----------------------+ | D: MANAGEMENT | LWLF101 | DIMRM1 | | SCIENCES RETAIL | | | +-----------------------+-----------------------+-----------------------+ | D: MANAGEMENT | LWLF101 | DIMBS1 | | SCIENCES BUSINESS | | | | ADMINISTRATION | | | +-----------------------+-----------------------+-----------------------+ | B: INFORMATION AND | LWLF101 | BICIOT | | COMMUNICATIONS | | | | TECHNOLOGY IN | | | | INTERNET OF THINGS | | | | (IoT) | | | +-----------------------+-----------------------+-----------------------+ | D: **FASHION DESIGN** | LWLF101 | DIFSH1 | +-----------------------+-----------------------+-----------------------+ **[\ ]** **[INSTRUCTIONS:]** 1. Please ensure that the following information is written at the top of your assignment: GROUP NAME STUDENT NUMBERS 2. Answer ALL questions fully. 3. The mark allocation must be a guide to the length of your answer. 4. Answer each SECTION on a new page. 5. Use 1.5 line spacing and Arial 12 font. 6. Attach plagiarism declaration to assignment. **[\ ]**  **[DECLARATION]** 1. **I understand that plagiarism is the use of another person's work, without permission and without acknowledgement of the original source, or the use of my own work that has previously been assessed and that it is wrong.** 2. **I confirm that the work submitted is my own unaided and unassessed work, except where explicitly indicated.** 3. **I have appropriately referenced the work of others.** 4. **I have not allowed, and will not allow anyone to copy my work with the intention of passing it off as their own.** 5. **I understand that the University may take disciplinary action.** **[.............................................................................................. Signatures]** **[......................................................................................Student Numbers]** **[SECTION A: ABORTION (ETHICS/MORALITY) ]** **[QUESTION 1 ]** 1\. Nobelungu (25) has just left a toxic relationship with her former boyfriend, Sandile (30). Although initially relieved to reclaim control of her life, she discovers that she is 15 weeks pregnant. Feeling uneasy about being permanently tied with Sandile, she decides to visit the family planning section of Addington hospital, located at the Durban South Beach. Her intention is to terminate this pregnancy. After expressing her intentions, she is able to obtain a consultation with the available gynecologist, Dr Lulama Ngcobo. The following questions are answered based on this scenario: 1. Is it LEGAL for Dr Ngcobo to proceed with the termination of this pregnancy, provided that informed consent is present? If so, reference the applicable statute (with **FULL** citation). **(2)** 2. LIST TWO rights within the Constitution that are protected within this statute, ensure that you include the section number. **(2)** 3. Imagine that Dr Ngcobo refuses to carry out the abortion simply because she believes it is IMMORAL to take a life. Is this correct? Ensure that your answer involves an explanation of morals and ethics, including their differences from each other. **(3)** 4. Is there a regulatory body tasked with ensuring that the conduct of **HEALTHCARE PROFESSIONALS** is ethical? If so, NAME the relevant body. **(2)** **PLEASE TURN OVER FOR QUESTION TWO\ ** **[SECTION B: SUCCESSION SECTION]** **[QUESTION 2 ]** 2\. Thabo Mofokeng (45) is a very successful businessman in the telecommunications industry thanks to his ***ThaboComs*** company. He has two children, as his wife died several years ago. His daughter, Khethiwe is 19 years old and his son, Sifundo is currently 15 years old. He unfortunately dies of a heart attack. Two years prior, his lawyer drafted the appropriate provisions and he signed the will in his office, **alone.** Although he initially intended for his receptionist, Refilwe (25) and his friend, Njabulo (32), to act as witnesses, they unfortunately caught *COVID* and a change of plans was necessary. He then asked Sifundo (who, at that time, was only 13) to be a witness to this will. Thabo felt that as Sifundo was his son, it would be appropriate for him to be a witness. **ONE DAY AFTER** Sifundo witnessed the will, Thabo was able to convince his neighbor's son, Uyanda (who, at the time, was also 13) to act as a witness. These witnesses were **[never]** in the same place while witnessing this will. The will stipulated that Thabo's children would inherit the business in equal shares, upon completion of a Bachelor of Commerce (Bcom) degree. The following questions are answered based on this scenario: 1. Is the will **VALID**? LIST 3 (**THREE**) reasons for your answer. **(4)** 2. Explain the concept of ***Freedom of Testation*** and in a scenario that involves a validly executed will, whether the condition stipulated for inheritance (i.e. to obtain a particular qualification) would be upheld. **GIVE A REASON** for your answer **(2)** 3. DEFINE a "**competent witness**". **(2)** 4. The Wills Act 7 of 1953 applies ONLY to validly executed wills. In the event that a will was not validly executed, or drafted, is there an alternative way to determine how a deceased person's potential beneficiaries are to inherit? If so, **NAME** the applicable law to determine how succession shall take place. **(1)** 5. With reference to your previous answer (2.4), how would the succession of Thabo's deceased estate take place? **(1)** 6. What does it mean to **administer** the deceased estate? **(1)** 7. WHEN must be the deceased estate be reported, and to which court official considering the deceased's ***domicilium*** before their death? **(2)** 8. Based on your answer to the PREVIOUS question, is there a solution in the event that the deceased estate is reported AFTER the aforementioned time period following the deceased's death? Give a reason for your answer. **(2)** **PLEASE TURN OVER FOR QUESTION THREE\ ** **[\ ]** **[SECTION C: MARRIAGE SECTION]** **[QUESTION 3 ]** 3. African women in KwaZulu-Natal were formerly denied the ability to own property or take legal action without the support of a male guardian. Regardless of their age, women were legally considered children under the law. Marriage rules that placed women under their husbands\' authority and designated husbands as the only owners and administrators of the partners property made women\'s struggles even worse. Since South Africa\'s democratic transition, equality between men and women and among people of all races has been guaranteed under the country\'s new Constitution and Bill of Rights. **THE SCENARIO ABOVE APPLIES TO QUESTIONS 3.1- 3.3.** 3.1 Which matrimonial property system applies by default in a customary marriage. **(1)** \- Community of Property. 3.2 With reference to the answer you provided in 3.1, which addressed the default matrimonial property system for customary marriages, what implications might such a matrimonial property system have on married couples? **(6)** **3.3** In light of the scenario above, what are the requirements for a valid customary marriage under South African Law? **(3)** **PLEASE TURN OVER FOR QUESTION FOUR** **[SECTION D: MARRIAGE SECTION]** **[QUESTION 4 ]** 4.1 In South Africa, getting married might signify different things to different people. Traditional weddings are different for everyone. While some envision elegant white gowns and a lengthy walk down the aisle, others see them as vibrant celebrations of African history and customs. However, being married is always a legal matter, regardless of how we choose to express love and commitment in all of its forms. In South Africa, customary marriages are recognized and protected by law in addition to civil marriages, provided that certain conditions are satisfied. Referring to the scenario above define a "customary marriage", and state which Act of parliament deals with customary marriages. Furthermore, indicate how this Act of parliament recognizes and protects customary marriages as a legitimate marriage? **(3)** - Customary marriage is the marriage that is performed in the line with customary law, which is the legal code of a certain South African traditional group. - Parliaments Act dealing with traditional marriages, Act 120 of 1998, Recognising Customary Marriages (RCMA). - This Act of parliament recognizes customary marriages as legal marriages and the protects it by allowing marriages to be registered and protects the property and inheritances rights of customary marriages partners. 2. Patrick and Gugulethu are a young couple who plan on getting married soon after they graduate from the Durban University of Technology (DUT). Knowing their financial positioning as young students they plan on **being married out of community of property with accrual applying.** This will allow them to not share their liabilities with each other and more importantly retain their independence. For Patrick and Gugulethu to be married out of community of property, what formalities do both spouses need carry out to ensure that they are married out of community of property? **(3)** - Before they get married, they must sign a marriage contract which is ANC. - They must sign the ANC in front of a public midwife. - Within the months of signing the ANC it must be registered with the office of deeds. 3. Your friend Gugulethu is married out community of property with accrual and she decides to get divorced with their spouse Patrick. When they got married your friend Gugulethu earned R10 000 and her spouse Patrick earned R15 000 before marriage. Gugulethu 's estate is now worth R150 000, and Patrick's estate is now worth R200 000. **Calculate the amount they would be entitled to using the formula of immediate division of the accrual. (6)** \- Patrick\'s initial estate- R15 000 - Gugulethu\'s final estate- R150 000 - Patrick\'s final estate- R200 000 - Accrual to Gugulethu: Gugulethu\'s final estate -- initial estate: R150 000 - R10 000 = R140 000 - Accrual to Patrick: Patrick's final estate -- Initial estate R200 000 - R15 000 = R185 000 - Net accrual: Total amount of Patrick -- Total amount of Gugulethu - Gugulethu\'s share: R45 000 / 2 = R22 500 **PLEASE TURN OVER FOR QUESTION FIVE** **[SECTION E: THE RULE OF LAW]** **[QUESTION 5]** 4.1 The rule of law is a founding principle of the Constitution. Which **section** establishes the Rule of Law and list **ANY 3** of its fundamental principles. **(4)** **END OF GROUP ASSIGNMENT** =========================== **Total marks: 50** =================== **\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*GOOD LUCK\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\***