PVL1501/201/1/2019

Tutorial Letter 201/1/2019

Law of Persons
PVL1501

Semester 1

Department or Private Law

This tutorial letter contains important information

about your module.

BARCODE
 CONTENTS

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

2 TUTORIAL LETTERS ............................................................................................................... 3
3 COMMENTARY ON ASSIGNMENT 01 .................................................................................. 4
4 COMMENTARY ON ASSIGNMENT 02 .................................................................................. 9
5 COMMENTARY ON SELF-EVALUATION ASSIGNMENT................................................. 14
6 CONCLUSION OF THE SEMESTER’S WORK AND INFORMATION ON
PREPARATION FOR THE EXAMINATION ......................................................................... 22
7 INFORMATION ON THE EXAMINATION PAPER ......................................................... 23

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 PVL1501/201

Dear Student

1 ADMISSION TO THE EXAMINATION

As indicated in Tutorial Letter 101/3/2019, there are two compulsory assignments for this
module. Submission of assignment 01 is a prerequisite to gain admission to the examination.
Although it is not required that you pass assignment 01, it will count 10% towards your final
mark for this module. Failure to submit assignment 02 will not influence your examination
admission (only the submission of assignment 01 will give you examination admission), but
assignment 02 also contributes 10% towards your final mark for this module. In Tutorial
Letter 101/3/2019, 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 TUTORIAL LETTERS

The tutorial letters sent to you throughout the semester are extremely important, as they are a
means of keeping in touch with you and informing you of new developments. To date, you
should have received Tutorial Letters 101 and 102. If you are not in possession of these tutorial
letters, contact the Department of Despatch (Room 2-27A Cas Van Vuuren Building) as soon as
possible. The relevant address is:

The Department of Despatch

PO Box 392
UNISA
0003

NB: Please remember that all tutorial material is available online on myUnisa.

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3 COMMENTARY ON ASSIGNMENT 01

3.1 General
This is a compulsory assignment and submission is a prerequisite for admission to the
examination. 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 2(a)

Assessment criteria Not yet Partially Achieved

achieved achieved

Explaining the procedure to be 0 0.5-2.5 3

followed to change Zandile’s
daughter’s surname to Dlamini.

Providing authority for your 0 0.5 1

answer.

Assignment 01: Question 2(b)

Assessment criteria Not yet Partially Achieved

achieved achieved

Explaining the procedure to be 0 0.5-2.5 3

followed to change Zandile’s
daughter’s surname to Morake.

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Assignment 01: Question 4

Assessment criteria Not yet Partially Achieved

achieved achieved

Correctly indicating whether Mr 0 - 1

Levenson’s marriage would be
valid.

Providing a reason for your 0 - 1

answer.

Providing authority for your 0 - 1

answer.

Assignment 01: Question 5

Assessment criteria Not yet Partially Achieved

achieved achieved

Proper use of language, 0 0.5 1

sentence construction,
punctuation, and spelling.

Reflecting answers in your own 0 0.5 1

words.

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3.2 Questions and answers

Question 1

A natural person’s legal personality begins at birth. For birth to be recognised as the moment
when legal subjectivity begins, two requirements must be met. List and briefly discuss those
requirements. [6]

The requirements for beginning of legal subjectivity are as follows:

 The birth must be fully completed,(1) in other words there must be complete separation
between the body of the mother and the body of the child.(1) It is not required that the
umbilical cord must have been cut.(1)
 The child must live after the separation,(½) even if only for a short period.(½) A child who
dies during birth does not acquire legal personality.(1) It has not yet been decided in our law
how life after birth must be proved.(1) Normally, evidence that the child has breathed is
accepted.(1) However, any medical evidence that proves life should be admissible.(1)

There are 8 possible marks for this 6-mark question.

(Only Study Guide for PVL1501 (hereinafter “Only Study Guide”) p 21; Heaton J The South
African Law of Persons 5 ed (2017) (hereinafter “Heaton”) p 7)

Question 2

(a) Zandile Baloyi and Alfred Baloyi recently divorced. Zandile has changed her surname to
her maiden surname (Dlamini), and she also wants to change her daughter’s surname to
Dlamini. With reference to authority, advise Zandile whether this is possible and, if so,
which procedure should be followed. (4)

Explaining the procedure to be followed to change Zandile’s daughter’s surname to

Dlamini.(3)
Yes, the child’s surname may be changed to Dlamini.(1) Alfred has to consent to the change,(1)
unless Zandile has sole guardianship.(1) The court may dispense with Alfred’s consent.(1)
Providing authority for your answer.(1)
Births and Deaths Registration Act. (1)

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

(Heaton 11)

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(b) Suppose that in the scenario above Zandile gets married to Retse Morake after her
divorce from Alfred, and wants to change her daughter’s surname to Morake. Advise
Zandile whether this is possible and, if so, which procedure should be followed. (3)

Explaining the procedure to be followed to change Zandile’s daughter’s surname to

Morake.(3)
If Zandile enters into a new marriage, she may apply(1) to have the child’s surname changed to
Morake. She needs the written consent of both Alfred(1) and her new husband (Retse),(1)
unless the court dispenses with the consent.(1) If she has sole guardianship, she only needs
her new husband’s consent,(1) unless the court dispenses with consent.(1)

There are 6 possible marks for this 3-mark question.

(Heaton 11)
[7]

Question 3

List the two requirements for the operation of the nasciturus fiction. [2]

The requirements for the operation of the nasciturus fiction are as follows:
 The nasciturus must have been conceived(½) at the time that the benefit would have
accrued to him or her.(½)
 The nasciturus must subsequently be born alive.(1)

(Only Study Guide p 25; Heaton 12)

Question 4

Mrs Levenson has been missing for 5 years. An inquest is held by a magistrate and a finding is
made in terms of section 18 of the Inquests Act 58 of 1959. This finding is confirmed by the
High Court. Mr Levenson now wants to get married. Advise him whether such a marriage would
be valid. Explain your answer with reference to authority. [3]

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Correctly indicating whether Mr Levenson’s marriage would be valid.(1)
The marriage would be valid.(1)
Providing a reason for your answer.(1)
If the high court confirms the finding in terms of the Inquests Act,(½) the person’s marriage or
civil union is deemed to have been automatically dissolved as from the date recorded in the
court’s finding as the date on which the person died.(½) No special application for the
dissolution of the marriage needs to be made.(1)
Providing authority for your answer.(1)
The Dissolution of Marriages on Presumption of Death Act.(1)

There are 4 possible marks for this 3-mark question.

(Only Study Guide p 42; Heaton 31)

Question 5

For this question, you do not need to provide an answer. A mark will be allocated for language
based on your answers to the questions above. You only have to write down the word
“Language” here. [2]

Marks were awarded for proper use of language, sentence construction, punctuation and
spelling, as well as reflecting answers in your own words.

TOTAL ASSIGNMENT 01: [20]

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4 COMMENTARY ON ASSIGNMENT 02

4.1 General

Although this assignment is not a prerequisite to gain admission to the examination, it

contributes 10% towards your final mark for this module.

4.2 Questions and answers

Question 1

Indicate which one of the following entities is not recognised as a juristic person:

[1] VBS Mutual Bank

[2] National Education, Health and Allied Workers’ Union
[3] Stark Family Trust
[4] North-West University (2)

A mutual bank is an association incorporated in terms of general enabling legislation. Option [1] is
therefore a juristic person.

Trade unions comply with the common-law requirements for the recognition of legal personality of a
juristic person. Option [2] is therefore a juristic person.

A trust is not a juristic person. Option [3] is therefore not a juristic person.

A university is an association especially created and recognised as a juristic person in separate

legislation. Option [4] is therefore a juristic person.

(Only Study Guide p 16; Heaton p 4)

Since you had to indicate which of the listed options was not a juristic person, option [3] is
the correct alternative.

Question 2

In terms of the Births and Deaths Registration Act, notice must be given of the birth of a child
born alive within

[1] 14 days of the child’s birth

[2] 30 days of the child’s birth
[3] 45 days of the child’s birth
[4] 60 days of the child’s birth (2)

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In terms of the Births and Deaths Registration Act, notice must be given of the birth of a child
born alive within 30 days.

(Heaton p 8)

Option [2] is therefore the correct alternative.

Question 3

In which one of the following cases did the court decide that it is unnecessary to use the
nasciturus fiction to grant a child an action in respect of injuries suffered before his or her birth?

[1] Shields v Shields

[2] Pinchin v Santam Insurance Co
[3] Chisholm v East Rand Proprietary Mines Ltd
[4] Road Accident Fund v Mtati (2)

In Road Accident Fund v Mtati the court decided that the ordinary rules of delict should be used
to determine whether the child has a claim, and that an action for prenatal injuries should be
based on the law of delict.

(Only Study Guide pp 29-30; Heaton p 18)

Option [4] is therefore the correct alternative.

Question 4

This question deals with the duty to bury the deceased. Ntando passed away at the age of 65,
leaving behind three heirs: his sons Madoda and Sandile, and his wife Tebogo. Ntando left clear
instructions in his will that, in the event of his death, he should be buried next to his late mother
and father in Bisho in the Eastern Cape. Following his death, his heirs cannot agree on the
burial arrangements. Madoda wants to have his father buried in Cape Town, while Sandile
wants his father buried in Pretoria. Tebogo wants to return to her birth town of Mokopong, and
wants to bury her late husband there. As their legal advisor, you should advise the family that
Ntando should be buried in …

[1] Bisho
[2] Cape Town
[3] Pretoria
[4] Mokopong (2)

Ntando should be buried in Bisho. If the deceased left written, or even verbal, instructions
regarding his or her funeral and/or burial place or cremation, those instructions must be
complied with as far as possible and permissible. In this case, Ntando’s instructions are written
in his will, therefore the heirs must comply with the instructions of the deceased.

(Only Study Guide p 43; Heaton p 33)

Option [1] is therefore the correct alternative.

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Question 5

Capacity to act can be defined as …

[1] the capacity to appear in court as a party to a lawsuit.

[2] the capacity to be held accountable for crimes and delicts.
[3] the capacity to perform valid juristic acts.
[4] the capacity to have rights and duties. (2)

The capacity to litigate is the capacity to appear in court as a party to a lawsuit. Option [1] is
therefore not the answer.

The capacity to be held accountable for crimes and delicts relates to fault. Option [2] is therefore
not the answer.

Capacity to act can be defined as the capacity to perform valid juristic acts. Option [3] is
therefore the answer.

Legal capacity is the capacity to have rights and duties. All human beings have this capacity
irrespective of their personal qualities. Option [4] is therefore not the answer.

(Heaton pp 36-37)

Option [3] is therefore the correct alternative.

Question 6

Cheri, who is mentally incapacitated, was born in Bloemfontein. She moved to Stellenbosch
with her parents when she was four years old, and lived there with them until she was eighteen
years old. When she was twenty years old, her parents got divorced. Her mother moved to East
London and her father immigrated to the USA. Cheri is currently living with her sister in Pretoria.
Cheri is domiciled in …

[1] Bloemfontein
[2] East London
[3] Stellenbosch
[4] Pretoria (2)

In terms of the Domicile Act a person who does not have the mental capacity to make a rational
choice, like Cheri, cannot acquire a domicile of choice. Cheri accordingly acquires a domicile at
the place with which she is most closely connected. Since she is currently living with her sister
in Pretoria, it would be the place with which she is most closely connected.

(Heaton p 46)

Option [4] is therefore the correct alternative.

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Question 7

In which one of the following cases did the Supreme Court of Appeal find that the High Court as
upper guardian of minors has an inherent power to order blood tests on a child in a paternity
dispute if the order is in the child’s best interests?

[1] SvL
[2] YM v LB
[3] OvO
[4] MvR (2)

In YM v LB the Supreme Court of Appeal held that the High Court as upper guardian of minors
has an inherent power to order blood tests on a child in a paternity dispute if the order is in the
child’s best interests.

(Only Study Guide p 63; Heaton p 61)

Option [2] is therefore the correct alternative.

Question 8

An infans can be defined as …

[1] a child younger than one year

[2] a child younger than seven years
[3] a child younger than 14 years
[4] a child younger than 18 years (2)

An infans can be defined as a child younger than seven years.

(Heaton p 84)

Option [2] is therefore the correct alternative.

Question 9

A minor’s guardian will not incur personal liability towards the party with whom the minor has
contracted ...

[1] if the minor’s guardian bound himself or herself as surety for the minor.
[2] if the minor concluded the contract as his or her guardian’s agent.
[3] if the minor concluded the contract with the consent of his or her guardian.
[4] if the minor’s guardian guaranteed performance by the minor. (2)

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A minor’s guardian will not incur personal liability towards the party with whom the minor has
contracted if the minor concluded the contract with the consent of his or her guardian.

(Heaton p 90)

Option [3] is therefore the correct alternative.

Question 10

Indicate which one of the following agreements is invalid:

[1] An unassisted agreement in terms of which a minor buys a Playstation IV.

[2] An unassisted agreement in terms of which a right is transferred to a minor.
[3] An unassisted agreement in terms of which a minor’s debt is extinguished.
[4] An unassisted agreement in terms of which a minor accepts a donation. (2)

A minor’s can incur contractual liability only if he or she is assisted by his or her guardian when
the contract is concluded. Option [1] is therefore an invalid agreement.

The guardian’s consent is unnecessary if the minor enters into a contract in terms of which the
other party incurs duties while the minor acquires rights only. A minor may thus enter into the
following valid agreements without the assistance of his or her guardian: where a right is
transferred to a minor; where a minor’s debt is extinguished, and where a minor accepts a
donation. Options [2], [3] and [4] are therefore valid agreements.

(Heaton p 86)

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

TOTAL ASSIGNMENT 02: [20]

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5 COMMENTARY ON SELF-EVALUATION ASSIGNMENT

5.1 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. We will discuss and
analyse the problem and give you the correct solution(s). You should use the comments to
evaluate your answers, so that you can ascertain whether your answer is correct, and whether
you have discussed all the relevant legal principles 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.

5.2 Questions and answers

Question 1

(a) Khulubuse and Kenny recently entered into a partnership agreement, operating under the
name ‘Khulubuse and partners’. Advise both partners whether ‘Khulubuse and partners’
is a juristic person or not and who will be liable for the debts of ‘Khulubuse and partners’.
(2)

A partnership is not a juristic person.(1)

The individual partners are responsible for partnership debts out of their private funds / Both
Khulubuse and Kenny will be responsible for the partnership debts out of their private funds.(1)

(Heaton p 4)

(b) Name the three common-law requirements with which an association must comply in
order to be recognised as a juristic person. (3)

The three common-law requirements with which an association must comply in order to be
recognised as a juristic person are as follows:
(i) The association must have a continuous existence irrespective of the fact that its
members may vary.(1)
(ii) It must have rights, duties and capacities or be able to have rights, duties and
capacities in its own right.(1)
(iii) Its object must not be the acquisition of gain.(1)

(Heaton p 4)

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(c) Briefly indicate when a natural person’s legal personality begins, and what the
requirements are for the beginning of legal personality. (3)

A natural person’s legal personality begins at birth.(1)

The requirements for the beginning of legal personality are the following:
(i) The birth must be fully completed / There must be a complete separation between the
body of the child and the body of the mother / For birth to be completed it is not
necessary that the umbilical cord be severed.(1)
(ii) The child must live after the separation, even if only for a short period.(1)

(Heaton p 7)

(d) Who has to give notice of the birth of a child in terms of the Births and Deaths
Registration Act 51 of 1992? (2)

The duty to give notice of the birth rests on the child’s parents.(1) If neither of them is able to
do so, notice must be given by the person who has charge of the child(1) or by the person,
whom the parents or person having charge of the child, requests to do so.(1) Notice of the birth
of an abandoned child must be given by a social worker or authorised officer.(1)

(There are 4 possible marks for this 2-mark question).

(Heaton p 8)

(e) Simon disappeared nine years ago. His wife, Sonja, wants to approach the High Court for
a presumption of death.
(i) In terms of which procedure will Sonja apply for a presumption of death? (1)

(i) The common law procedure.(1)

(Heaton pp 28- 29)

(ii) Suppose that the presumption of death is granted. Sonja now wants to marry her
boyfriend, Nick. She wants to know what she needs to do to have her marriage to
Simon dissolved. Explain the legal position to her with reference to authority. (4)

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 (ii) An order presuming someone’s death does not automatically terminate the marriage of
the missing person.(1) The surviving spouse(1) must bring a separate application for an
order dissolving the person’s marriage.(1) This application may be brought at the same
time that the presumption of death is made(1) or at any time thereafter.(1)

Authority: Dissolution of Marriages on Presumption of Death Act.(1)

(There are 6 possible marks for this 4-mark question).

(Heaton pp 31-32)

TOTAL QUESTION 1: [15]

Question 2

(a) List the two requirements that have to be met in order to acquire a domicile of choice,
and explain briefly what each of the requirements entails. (4)

(i) The presence or factum requirement(1), which means that the person has to be lawfully
present at the particular place.(1)
(ii) The intention or animus requirement(1), which means that the person must have the
intention to settle there for an indefinite period.(1)

(Heaton p 43)

(b) Where is a mentally incapacitated person domiciled? Provide authority for your answer.
(2)

In terms of the Domicile Act(1) a mentally incapacitated person is domiciled at the place with
which he or she is most closely connected.(1)

(Heaton p 46)

(c) What do you understand by the concept “child born of married parents”? (3)

A child born of married parents is a child born of parents who are legally married(½) to each
other(½) at the time of the child’s birth(1) or conception(1) or at any intervening time.(1)

(There are 4 possible marks for this 3-mark question).

(Heaton p 47)

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(d) Fill in the relevant names of the two court cases that dealt with blood tests to determine
paternity:
(i) In ______________________________________________ the court held that it
does not have the power to interfere with the decision of the parent not to submit the
child to blood tests. (2)

(i) In S(1) v L(1) the court held that it does not have the power to interfere with the decision
of the parent not to submit the child to blood tests.

(Only Study Guide p 63; Heaton p 61)

(ii) In ______________________________________________ the Supreme Court of

Appeal held that the High Court as upper guardian of minors has the inherent power
to order blood tests if the order is in the best interests of the child. (2)

(ii) In YM(1) v LB(1) the Supreme Court of Appeal held that the High Court as upper
guardian of minors has the inherent power to order blood tests if the order is in the best
interests of the child.

(Only Study Guide p 63; Heaton p 61)

(e) List the four components of parental responsibilities and rights in terms of section 18(2)
of the Children’s Act 38 of 2005. (4)

The four components of parental responsibilities and rights in terms of section 18(2) are:
(i) Care(1)
(ii) Contact(1)
(iii) Guardianship(1)
(iv) Maintenance(1)

(Heaton pp 65-66)

(f) Kgomotso and Rose, who are both unmarried, are involved in a relationship as a result of
which a little boy, Kabelo, is born. When Kabelo was born, they had been living together
for four years. After Kabelo’s birth, the couple started having some problems in their
relationship. They tried to make it work for two years after Kabelo’s birth, but they finally
separated when the little boy turned two. Kgomotso wants to know from you whether he
has full parental responsibilities and rights in respect of Kabelo. Advise him with
reference to authority. (3)

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 In terms of section 21(1) of the Children’s Act(1) Kgomotso indeed has full parental
responsibilities and rights in respect of Kabelo because he lived with Kabelo’s mother in a
permanent life partnership(1) when he was born.(1)

(There are 4 possible marks for this 3-mark question).

(Heaton p 70)

TOTAL QUESTION 2: [20]

Question 3

(a) In terms of section 15 of the Children’s Act 38 of 2005 certain persons may approach the
court to enforce the rights that are conferred by the Bill of Rights and the Children’s Act.
Name any two persons who are listed in this section. (2)

The following persons may approach the court to enforce the rights conferred by the Bill of
Rights and the Children’s Act (you should have mentioned any two):
(i) A child who is affected by or involved in the matter to be adjudicated.(1)
(ii) Anyone acting in the child’s interest or on behalf of another person who cannot act in his
or her own name.(1)
(iii) Anyone acting as a member of, or in the interest of a group or class of persons.(1)
(iv) Anyone acting in the public interest.(1)

(Heaton p 83)

(b) A minor may incur contractual liability if he or she acts with the assistance of his or her
guardian. List the various forms that the guardian’s assistance to the minor’s contract
may take. (3)

The guardian’s assistance to the minor’s contract may take the following forms:
(i) The guardian may act on behalf of the minor.(1)
(ii) The minor may personally enter into the contract with his or her guardian’s consent.(1)
(iii) The guardian may ratify the contract after it has been concluded.(1)

(Heaton p 89)

(c) As a rule the guardian does not incur personal liability in respect of the minor’s contract.
There are, however, a few exceptions to this rule. List the circumstances when a minor’s
guardian will incur personal liability for contracts concluded by the minor. (4)

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A minor’s guardian will incur personal liability for contracts concluded by the minor in the
following circumstances:
(i) the minor acted as his or her agent(1)
(ii) the guardian guaranteed the minor’s performance(1)
(iii) the guardian bound himself or herself as surety for the minor’s performance(1)
(iv) a guardian may incur liability on the basis of negotiorum gestio(1)

(Heaton pp 90-91)

(d) The names of four court cases dealing with minority are given below. Write the name of
the court case that offers authority for the statement in the first column on the dotted line
in the second column. (8)

Edelstein v Edelstein
Louw v MJ & H Trust
Nel v Divine, Hall & Co
Landers v Estate Landers

Statement
In this case restitutio in integrum was
granted to a minor who had lost his
inheritance through his guardian’s
negligence to protect his interests.
Case
Landers v Estate Landers(2)
(Note that the reference to this case was
omitted from the 5th edition of the textbook.
Therefore, you do not have to study this case.)

This case adopted the benefit theory into Nel v Divine, Hall & Co(2)
our law when the court held that if a (Heaton p 96)
contract, taken as a whole, was to the
minor’s benefit the minor was bound by it.

It was held that an antenuptial contract that Edelstein v Edelstein(2)

was concluded without the necessary (Heaton p 92)
consent is void and cannot be ratified by the
minor or the minor’s guardian once the
marriage has taken place, because
ratification would amount to an
impermissible change of the matrimonial
property system.

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 The court held that because the minor had Louw v MJ & H Trust(2)
misrepresented himself as emancipated (Heaton p 94)
when he bought a motor cycle from a major
without the necessary assistance, he could
not recover the part of the purchase price
he had already paid.

(e) On 9 October Ntokozo, a 16-year-old minor, concluded a contract of sale with Mr Smith,
a major, without the assistance of his legal guardian. In terms of the contract, Ntokozo
bought a scooter from Mr Smith for R15 000. On 9 November, a month after delivery of
the scooter, Ntokozo sold the scooter for R10 000. He spent the R10 000 as follows:
R1 000 on liquor and other refreshments for a party, R5 000 on a holiday in Durban,
R2 000 for food and R2 000 on accommodation.

(i) On which ground would Ntokozo be liable to Mr Smith? (1)

(i) Unjustified enrichment(1)

(Heaton pp 96-97)

(ii) Which amount would Mr Smith be able to recover if he instituted an action on 12

November? Give a reason for your answer. (3)

(ii) Mr Smith will be able to recover R4 000.(1) This is the amount he spent to obtain
necessaries, namely food and accommodation.(1) Ntokozo, the enriched party, would
have had to pay for the necessaries out of his own pocket.(1) The extent of his
enrichment is equal to the cost of the necessaries.(1)

(There are 4 possible marks for this 3-mark question).

(Only Study Guide pp 94-95; Heaton p 97)

(f) Louisa is a 13-year-old girl. Without her parents’ consent she recently visited a doctor for
a routine check-up. During the medical examination it was discovered that she suffers
from a congenital heart defect and that she urgently needs surgery. Write a paragraph in
which you explain who may consent to the surgery in this case. Remember to refer to
authority in your answer. (4)

Louisa is a minor who is older than 12 years.(1) Therefore she may consent to an operation on
her(1) if she is sufficiently mature and has the mental capacity to understand the benefits,
risks, social and other implications of the operation,(1) but in such event she must be duly
assisted by her guardian.(1)
Authority: Section 129 of the Children’s Act.(1)

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

(Heaton p 102)

TOTAL QUESTION 3: [25]

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Question 4

(a) List three ways in which minority may be terminated. (3)

Minority may be terminated in the following ways (any three of the following could have been
mentioned):
(i) Attainment of the prescribed age(1)
(ii) Marriage or civil union(1)
(iii) Venia aetatis and release from tutelage(1)
(iv) Emancipation(1)

(Heaton pp 107-109)

(b) Indicate whether the following statements are true or false. You do not have to explain
your answers.

(i) A minor may conclude a valid civil union, if he or she is assisted by his or her
guardian. (1)

(i) This statement is false.(1)

(Heaton p 108)

(ii) A mentally ill person can be held liable on the basis of negotiorum gestio. (1)

(ii) This statement is true.(1)

(Heaton p 114)

(iii) A prodigal may marry without the consent of his or her curator. (1)

(iii) This statement is true.(1)

(Heaton p 136)

(c) Compare the legal capacity of a prodigal with the legal capacity of an insolvent. (4)

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 The limitations on a prodigal’s legal capacity relate to his or her participation in commercial
dealings and handling finances.(1) An interdicted prodigal may not be a director of a company
or a trustee of an insolvent estate.(1)
There are certain offices that an insolvent person cannot hold.(1) An insolvent person may not
be a director of a company or mutual bank or a trustee.(1)

(Heaton pp 134, 140)

TOTAL QUESTION 4: [10]

TOTAL: [70]

6 CONCLUSION OF THE SEMESTER’S WORK AND INFORMATION ON

PREPARATION FOR THE EXAMINATION

6.1 Information on preparation for the examination

PLEASE ENSURE THAT YOU HAVE THE CORRECT EXAMINATION DATE AS IT APPEARS
ON THE FINAL EXAMINATION TIMETABLE.

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

 the only Study Guide for PVL1501, together with Tutorial Letter 102
 the applicable sections from Heaton The South African law of persons 5 ed (2017)
 all the cases on the list of prescribed cases in Tutorial Letter 101 (see 4.6.1), as
contained in Heaton Casebook on the South African law of persons 5 ed (2017)
 all tutorial letters containing tutorial material

6.2 Tips for the examination

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

 Ensure that you pay attention to the additional study material, such as new cases
and legislation provided in the tutorial letters.
 Ensure that you know and can clearly distinguish between different legal concepts.
 It is important to read a question carefully and make sure you know what is asked.
Students often omit necessary detail or give more than necessary which may have
an impact on the time within which they have to complete the paper. So, for
instance, there is a very big difference between “mention” or “name” and “discuss”.
A good idea is to highlight certain key words in the question.

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 PVL1501/201

 In a problem-type question the facts are meant to give you guidance towards your
answer or conclusion. At no point are the facts meant to confuse or mislead you.
Make sure that you understand the facts before you attempt to answer the
particular question. Do not jump to a conclusion without explaining how you got
there.
 Before you attempt to answer a question please look at the mark allocation, this
will give an indication of how much you are expected to write.

7 INFORMATION ON THE EXAMINATION PAPER

We would like to take this opportunity to give you some information on the examination and the
examination paper.

The paper will count 100 marks. It consists of two sections, section A and section B. Section A
has to be answered on a mark-reading sheet (and the answers should be copied onto the
examination paper), while the answers for section B have to be filled in on the examination
paper. The format of the paper is set out below:

 Section A consists of one question that is made up of 15 multiple-choice questions

of two marks each. This section will count 30 marks in total. The answers to this
question have to be filled in on a mark-reading sheet and copied onto the
examination paper. Please make sure that you also fill in the unique number on the
mark-reading sheet. This section covers study units 1 to 23 of the study guide for
PVL1501.

 Section B consists of four questions that will count 70 marks in total. The answers to
this section have to be filled in on the examination paper. This section is made up as
follows:

o Question 1 will consist of a few questions totalling 15 marks, dealing with study
units 1 to 7 of the study guide.

o Question 2 will consist of a few questions totalling 20 marks, dealing with study
units 8 to 11 of the study guide.

o Question 3 will consist of a few questions totalling 25 marks, dealing with study
units 12 to 19 of the study guide.

o Question 4 will consist of a few questions totalling 10 marks, dealing with study
units 20-23 of the study guide.

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In section B you will be given short and long questions. There will be direct questions as well as
problem-type questions.

The first examiners are Prof JM Kruger, Prof S Ferreira, Dr CS van der Westhuizen and Mr MT
Skosana. Prof J Heaton is the second examiner.

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

DR CS VAN DER WESTHUIZEN Telephone number: 012 429-8525

MR MT SKOSANA 012 429-8430
PROF S FERREIRA 012 429 8717
PROF JM KRUGER 012 429-8502

UNISA

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