EXAMINATION PAPER

MAY/JUNE 2022

MODULE LAW OF PERSONS DATE 9 JUNE 2022

MODULE CODE LOP101 TIME: 14H00

Assessor Dr C Stoop DURATION THREE (3) HOURS

Moderator Mr C Swart

MODULE-SPECIFIC INSTRUCTIONS
1. Answer all the questions unless otherwise instructed.
2. Read the questions carefully before attempting their answers.
3. You may answer questions in any sequence, but you must keep the numbers the same as in this
examination paper.
4. Clearly number the questions and any sub-questions, using the same numbering as used in this
examination paper.
5. Draw a line after each completed question. If you decide to change the answer to a question, a
clear line must be drawn through the answer you do not want to have assessed.
6. Rough work – Do this in your examination answer book and clearly indicate that it is not part of
your answer by drawing a line through the rough work after you have answered the question.

GENERAL INSTRUCTIONS
1. Notes, files, textbooks or any other such aids are not allowed in the examination room.
2. Mobile phones (cell phones), computers and iPads/tablets are not allowed.
3. Calculators are allowed.
4. Please remember to write your name, surname and student number on the examination script
(answer book).
5. Use only a black or a blue pen. Do not use a pencil to answer questions.
6. By accepting this examination script, you agree to abide by STADIO’s Rules and Regulations,
including those governing examinations.

DO NOT TURN THIS PAGE UNTIL INSTRUCTED TO DO SO!

LOP101
THIS EXAMINATION PAPER CONSISTS OF FOUR PAGES LAW OF PERSONS
INCLUDING THIS COVER PAGE (THIS IS PAGE 1 OF 4).
LOP101 – LAW OF PERSONS
EXAMINATION PAPER – MAY/JUNE 2022

Question 1 [15]
Indicate whether each one of the following statements is TRUE or FALSE. Give
reasons for your answer:
1.1 Banks, churches and political parties do not have legal personality. (3)
1.2 A legal subject is typically something with economic value. (3)
1.3 A nasciturus is a child who has just been born and that can breathe on his/her
own. (3)
1.4 The Director-General of Home Affairs or his/her duly appointed representative
must be notified of any stillbirth(s). (3)
1.5 A minor is domiciled at the place where he/she is born. (3)

Question 2 [10]
Answer all the following questions:
2.1 Why is a law student’s first encounter with the law of persons of primary
importance? (2)
2.2 Why was section 10 of the Births and Deaths Registration Act 51 of 1992
declared unconstitutional in the case of Centre for Child Law v Director-General:
Department of Home Affairs (CCT101/20) [2021] ZACC 31? (4)
2.3 Section 28(2) of the Constitution, 1996, is crucial when it comes to children’s’
rights. Explain why. (3)
2.4 Which piece of legislation brought a fundamental legislative change in the
landscape of the traditional law of persons? (1)

Question 3 [10]
Match column B with column A. For example: 3.11 – A:
COLUMN A COLUMN B
3.1 Road Accident Fund v Mtati 2005 (6) A. Void marriage
SA 215 (SCA)

3.2 Legal object B. Valid marriage

3.3 Putative marriage C. The administration of another’s affairs

to his/her advantage, but without his/her
knowledge

3.4 Adoption D. Bonolo’s dog, Max

3.5 Amicus curiae E. An action to recover things other than

money.

3.6 Negotiorum gestio F. One of the important status-determining

factors

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LOP101 – LAW OF PERSONS
EXAMINATION PAPER – MAY/JUNE 2022

3.7 Dickens v Daley 1956 (2) SA 11 (N) G. Forms part of the objective law

3.8 Rei vindicatio H. Extension of the nasciturus fiction to

the law of delict is not necessary

3.9 Law of Persons I. Tacit emancipation

3.10 Voidable marriage J. Friend of the court

Question 4 [20]
Answer all the following questions:
4.1 What requirements must be met before “birth” is considered as the moment
when legal subjectivity begins? (3)
4.2 Mr and Mrs S are a married couple from Pretoria. During their holiday in Cape
Town, Mrs S went missing during a hike on Table Mountain. Thirteen years
have passed since Mrs S went missing. All searches were unsuccessful. Mr S,
meanwhile, has fallen in love with B and would like to marry her. He
approaches the High Court of South Africa (Gauteng, Pretoria) and applies for
an order presuming the death of Mrs S.
Answer the following questions:
(a) Did Mr. S approach the correct court? Explain. (4)
(b) Is it necessary for Mr S to convince the court that Mrs S is dead? Explain
the burden of proof to Mr S. (3)
(c) Which factors are considered by the court in an application for a
presumption of death order? (4)
4.3 Which requirement is necessary for both criminal and delictual liability? (3)
4.4 Who can be held liable, in terms of the customary law, for delicts and crimes
committed by someone else? Explain your answer. (3)

Question 5 [20]
Answer all the following questions:
5.1 J, a South African citizen studies at the University of Cambridge and marries N,
an English citizen without entering into an antenuptial contract. Two years after
their marriage, they ask you for advice on whether their marriage is in or out of
community of property. In terms of South African law, their marriage is in
community of property and in terms of English law, their marriage is out of
community of property. Advise them on which legal system applies. Explain
your answer. (4)
5.2 Briefly discuss the basic difference between testate- and intestate succession.
(2)
5.3 Name the ways in which South African citizenship can be acquired. (3)

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LOP101 – LAW OF PERSONS
EXAMINATION PAPER – MAY/JUNE 2022

5.4 R considers being a surrogate for a couple if she can earn an income from it.
The couple sends the agreement to R for signature. Discuss the validity of such
a surrogate agreement. (5)
5.5 Complete the following statement:
Parental Responsibilities and Rights include the following _____ (4)
5.6 Define “unjustified enrichment”. (2)

Question 6 [10]
Fill-in the missing words:
6.1 An ____________________ order causes the termination of all parental
responsibilities and rights and obligations. (1)
6.2 A minor who has reached the age of ____________________ may witness a
will. (1)
6.3 The ____________________ is the upper guardian of all minors in South Africa.
(1)
6.4 ____________________ refers to the freedom to contract independently granted
to a minor by his/her guardian. (1)
6.5 A ____________________ is a person with normal abilities who, as a result of
some defect of character or will, squanders his/her assets in an irresponsible
and reckless way. (1)
6.6 If a mentally ill person acts during a ____________________, those acts are
valid and enforceable. (1)
6.7 ____________________ is a beneficial right to use property that belongs to
another person. (1)
6.8 ____________________ refers to a custom of having more than one spouse at
the same time, in a marriage. (1)
6.9 ____________________ is a branch of law that broadly deals with those legal
rules that apply when the state acts with state authority. (1)
6.10 In the case of ____________________, the question was whether a marriage
between a man suffering from a mental condition which caused him to hear
imaginary voices and a woman was valid. (1)

Question 7 [15]
Answer all the following questions:
7.1 Incapacity arising from physical disability or illness results in the appointment of
a curator in certain circumstances. Name five such circumstances. (5)
7.2 Name three types of curators who can be appointed to represent a person. (3)
7.3 A declared insolvent is prohibited from performing certain juristic acts or from
occupying certain offices. What is the purpose of these limitations? (2)
7.4 Daniel is 16 years old and the plaintiff in legal proceedings. He wants to know in
which circumstances can a curator ad litem be appointed for a minor in legal
proceedings? (5)

EXAMINATION TOTAL: [100]

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