EXAMINATION PAPER

2018 FIRST SEMESTER

SUBJECT SOUTH AFRICAN FAMILY LAW DATE 6 JUNE 2018

SUBJECT CODE LFL100 DURATION THREE (3) HOURS

EXAMINER MR C SWART

MODERATOR MS J MEYER

SUBJECT-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 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 be 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 Southern Business School’s Rules
and Regulations, including those governing examinations.

DO NOT TURN THIS PAGE UNTIL INSTRUCTED TO DO SO!

LFL100
THIS EXAMINATION PAPER CONSISTS OF THREE PAGES SOUTH AFRICAN FAMILY LAW
INCLUDING THIS COVER PAGE (THIS IS PAGE 1 OF 3).
LFL100 – SOUTH AFRICAN FAMILY LAW
EXAMINATION PAPER – 2018 FIRST SEMESTER

Question 1 [10]
Section 4(2) of the Divorce Act contains guidelines as to when a marriage is
regarded as having broken down irretrievably. Discuss the guidelines.

Question 2 [10]
Your client wants to defend an action for divorce. Can this happen? Advise your
client accordingly.

Question 3 [10]
Address the situations in which the parental right to maintenance ceases to exist
according to Heaton and Kruger.

Question 4 [10]
Section 9(1) of the Divorce Act empowers a court that grants a divorce order to be able
to order total or partial forfeiture of benefits. Discuss the factors that need to be
taken into account and also whether the concept of fairness does apply in this regard.

Question 5 [10]
According to the Mediation in Certain Divorce Matters Act 24 of 1987, the family advocate
may be requested to institute an enquiry into four (4) situations in order to decide whether
a situation is indeed in the best interest of the child. Discuss the situations as well
as who can apply for such an investigation.

Question 6 [10]
Advise your client regarding relief pendente lite.

Question 7 [10]
Can a High Court or Regional Court in the year 2018 make an order for judicial
separation? Define “judicial separation” and whether it can be done.

Question 8 [10]
Debate which persons qualify to be protected by the Domestic Violence Act.
LFL100 – SOUTH AFRICAN FAMILY LAW
EXAMINATION PAPER – 2018 FIRST SEMESTER

Question 9 [10]
According to Heaton and Kruger, a court considers a wide range of factors in order to
decide on maintenance for a party during a divorce. Refer to these factors.

Question 10 [10]
Section 28 of the Constitution of the Republic of South Africa, 1996 – also known as the
children’s rights clause – aims to protect children and not parents. Identify the rights
that children have according to this section.

EXAMINATION TOTAL: 100

THIS IS PAGE 3 OF 3