Law of Persons Tutorial 1

Question 1
1.1. Domicile – A persons domicile is a place where he or she is legally
deemed to be constantly present for the purpose of exercising his/her
rights and fulfilling his/her responsibilities, even in the event of his/her
factual absence.
Domicile is regulated by the Domicile Act 3 0f 1992
Citizenship is the position or status of being a citizen of a particular country.
The basic principle is that a person born in South Africa on or after the
commencement of the Act on 6 October 1995 will be a citizen by birth. Falls
under private law.
Citizenship and nationality is regulated by the South African Citizenship Act 88
of 1995
Nationality is the status of belonging to a particular nation. Nationality, on the
one hand, is the point of departure when a person’s status in terms of public law
must be established. Falls under public law.
S28 of the Constitution regulates Nationality.

Question 2
2.1. Khanye is required to sue Jay in the area in which Jay is domiciled.
The general rule is that the defendant must be sued by the plaintiff in the area
the defendant is domiciled at or where the defendant resides.
2.2a). The scenario reflects operation of testate succession. Since there is a will
drawn up.
2.2b) The law of the country where the deceased drew up the will. The assets
will be subject to the law of Tanzania since that is where the deceased drew up
the will.

Question 3
The marriage will be in community of property since the default system of the
country the husband is domiciled in will apply to the marriage. Since this does
not apply to same sex marriages, it is still uncertain in our law which property
system will apply. The law needs to be revisited because there is inequality in
this respect.