6.

LEGAL
PERSONALITY
A) WHO ARE “PERSONS” IN
THE EYES OF THE LAW?

B) AND WHY DOES IT MATTER?

B) WHY DOES IT MATTER?

Rights + Duties
Capacities

A) WHO ARE ‘PERSONS’?

1) Natural
= ALL Human Beings
= automatic
= birth – death

2) Juristic (artificial)
= All companies:
Eskom/Telkom/UCT/Woolworths/MTN
= legislation (special or general)
= perpetual succession

What about Partnerships? Foetus?

Animals? Trees?
 Leona Helmsley's Dies; Dog
Inherits $12 Million
Heiress Gail Posner's
Dogs Inherit a Fortune
Founded in 1749 and still going strong
https://www.news24.com/Green/News/appeals-court-says-
chimpanzees-dont-have-rights-of-people-20170608
https://www.theguardian.com/world/2017/mar/16/new-zealand-river-granted-same-legal-
rights-as-human-being
https://www.theguardian.com/world/2017/dec/22/new-zealand-gives-mount-taranaki-same-legal-rights-
as-a-person
 D) DO ALL PERSONS HAVE THE SAME
RIGHTS & DUTIES?

NO!

1. Juristic – their rights in legislation

and/or company’s memorandum of
incorporation:

EG: UCT Act 8 of 1999

“The university may invest or borrow money; lend
money; make donations; conclude
contracts; buy/sell/let/hire property”
❖ Inherit?
❖ Make will?
❖ Commit crime?
❖ Vote?

2. Individuals – sometimes depends on:

❖ Nationality
❖ Age
❖ Marital status
❖ Gender
❖ Race
 Individuals – EXAMPLES

A. Nationality:
9. Equality
Everyone is equal before the law and has the right
to equal protection and benefit of the law.
22. Freedom of trade, occupation and profession
Every citizen has the right to choose their trade,
occupation or profession freely. The practice of a
trade, occupation or profession may be regulated by
law.

B. Marriage:
Duty of support between spouses

C. Age:
0<10 years
10<14 years Criminal Capacity
14 + years

0<7
7<14 Delictual Capacity
14 + years

0<7 years Contractual Capacity

7-18 years