UFH Learning Guide

FACULTY OF LAW

LEARNING GUIDE
YEAR: 2024

Course Title: Law of Persons

Course Code: LPR 113E

Course Credit Value: 8

Name of Lecturer: Mr. A Phela

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Table of Contents: Page:

Cover Page 1

Table of Contents 2

PART A: ORGANISATIONAL COMPONENT

1. Welcome statement 3

2. Contact Details 3
2.1 Role Players
2.2 Consultation Time
2.3 Email Communication
3 Overview of the Module 4
3.1 Structure of the Course
3.1 Purpose of the Module

PART B: LEARNING COMPONENT 6

1. Learning Outcomes and Associated Assessment
Criteria
2. Outline of Module / Sylabus 8
3. Reading Materials 10
4. Teaching-learning Methods 10
5. Assessment Methods 10
6. Learning Activities 11
7. Assessment Criteria 12
8. Resources 13
9. Plagiarism Alert 13
10. Faculty Referencing Style 14
11. Roles and Responsibilities of the Learner 15
12. Roles and Responsibilities of the Lecturer 15
13. Learner Support Materials 15
14. Conclusion 15

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Part A: ORGANISATIONAL COMPONENT

1. WELCOME STATEMENT

Welcome to the Law of Persons module. This Guide will provide you with key
information about the module and what will be required of you. From a
teaching and learning perspective, this module will afford you the chance to
further develop your potential through participation in seminar discussions,
workshops, group work, and individual assessments.

2. CONTACT DETAILS

2.1 ROLE PLAYERS

Person Name Room Telephon Email address

e
extensio
n
Lecturer Mr. A 624 7211 VTatchell@ufh.ac.
Phela za
Faculty Manager Ms. Mkiva 610 7520 amkiva@ufh.ac.za

2.2 CONSULTATION TIME:

The lecturer will, if possible, be available for 1 hour after each lecture should
the learners have questions about the lecture. Learners are required to
arrange and confirm a formal appointment in advance via email in the event
that a consultation is required. The consultation opportunity is exclusively for
the purposes of discussing matters pertaining to the module. The learner must
provide the lecturer with details of the matters to be discussed. Learners must
ensure that their personal class notes are available at these consultations

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failing which the consultation will be re-scheduled to obtain these notes. See
the general prospectus for further details regarding other support services.

2.3 EMAIL COMMUNICATION

See the Electronic mail (EMAIL) Etiquette for UFH Law Students
Email communication to be done by way of UFH official email. Whatsapp
group correspondence is not considered to be an official communication
medium. Any communication received must be confirmed by UFH email.
Blackboard Announcements will be delivered to your UFH email address only.
Kindly note that you are required to check your UFH email regularly for
important messages and updates.

3. OVERVIEW OF THE MODULE

3.1 STRUCTURE OF THE COURSE

This course consists of a 8-credit semester module.

3.2 PURPOSE OF THE MODULE

This module is meant for students studying towards the Bachelor of Laws
(LLB) degree. This module will provide students with foundational knowledge
which they will require for the entirety of the LLB degree. During the course of
this module, students will learn about the concepts of “status” and “capacity”,
and will encounter many other legal principles and concepts which they will
apply throughout their LLB degree.

Note: The whole or part of the will be delivered on the Blackboard platform.
Please upgrade your browser to comply with the requirements of Blackboard.
https://help.blackboard.com/Learn/Student/Getting_Started/Browser_Support

Desktop Browser Mobile Browser

Versions Versions1

Chrome2 63+ 63+

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Desktop Browser Mobile Browser

Versions Versions1

Edge3 42+ 38+

Firefox 57+ 57+

Internet
Unsupported Unsupported
Explorer4

Safari 12+ (Mac OS only) With iOS 11+

Keep the following in mind:

• Use the latest version of the Google Chrome or Mozilla Firefox web
browsers to access your course (other browsers might work, but are not
officially supported).
• Run the Blackboard Learn Browser Checker to ensure that your browser
passes. (NOTE: You do not need to pass any requirements
under Optional technologies.)
https://help.blackboard.com/Learn/Student/Ultra/Getting_Started/Browser_
Support/Browser_Checker
• Report all error messages you cannot resolve. It is best to take a screen
capture of your whole computer screen with the error message and include
it in your email.

Students must ensure that their Blackboard accounts are secure by choosing
and regularly changing their passwords. Changing your password regularly
reduces numerous risks that your account may be accessed without your
knowledge. Passwords provide the initial defense against unauthorized
access to your account and the same procedure should be followed with your
computer. The stronger your password, the more protected your account will
be.

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PART B: LEARNING COMPONENT

1. LEARNING OUTCOMES AND ASSOCIATED ASSESSMENT CRITERIA

Learning Unit 1 – Defining words and concepts in law

Learning Outcome:
• Identify and explain various concepts in the law of person.

Assessment criteria:
Seminar presentations, research-based assignments, test and/or
examination, students should demonstrate sound understanding of the words
and concepts used in the law of persons.

Learning Unit 2 – The beginning of legal personality

Learning Outcomes:
• Explain what is meant by the “nasciturus fiction”.
• Identify and explain the applicability of the “nasciturus fiction” to a set of
facts.
• Explain and describe the various consequences of the beginning of
legal personality.

Assessment Criteria:
Seminar presentations, research-based assignments, test and/or
examination, students should demonstrate ability to identify and correctly
apply the “nasciturus fiction”, as well as a sound understanding of the
consequences of the beginning of legal personality.

Learning Unit 3 – Minority: how age affects status

Learning Outcomes:
• Explain how age affects passive legal capacity.
• Identify the various juristics acts, and explain how these are affected by

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age.
• Explain the effect of age on the capacity to be held accountable for
wrong doings.
• Explain the effect of age on the capacity to litigate.
• Identify and describe what is meant by “emancipation”. As well as the
effects of emancipation on status.

Assessment Criteria:
Seminar presentations, research-based assignments, test and/or
examination, students should demonstrate the ability to competently discuss
how age affects the various elements of status.

Learning Unit 4 – Sex and gender – status and capacity

Learning Outcomes:
• Explain how a natural person’s sex affects their status and capacity.
• Discuss the law governing sex realignment.

Assessment Criteria:
Seminar presentations, research-based assignments, test and/or
examination, students should demonstrate a sound knowledge of how sex
and gender can affect legal status and capacity.

Learning Unit 5 – Other factors affecting status and capacity

Learning Outcomes:
• Identify and describe the other factors which affect status and capacity.
• Identify and apply the tests used to determine whether a person is
mentally ill, intoxicated, a prodigal, insolvent or physically disabled for
the purposes of the law.
• Describe how these factors affect legal status and capacity.
• Identify and describe the different categories of curators.

Assessment Criteria:
Seminar presentations, research-based assignments, test and/or
examination, students should demonstrate the ability to identify the different

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factors which affect capacity and status; as well as the effect of each on
status and capacity.

Learning Unit 6 – Domicile

Learning Outcomes:
• Define the concept “domicile”.
• Explain the importance of domicile in the legal context.
• Explain how domicile is determined in terms of the Domicile Act 3 of
1992.
• Identify and explain how the Domicile Act deals with the renvoi
doctrine.

Assessment Criteria:
Seminar presentations, research-based assignments, test and/or
examination, students should demonstrate the ability to identify and correctly
apply the concept of domicile, and the provisions of the Domicile Act.

Learning Unit 7 – The end of legal personality

Learning Outcomes:
• Identify and explain the difference between biological death and the
end of legal personality.
• Explain the ‘presumption of death’ and its effects in common and
statute law.
• Discuss the consequences of the ending of legal personality.

Assessment Criteria :
Seminar presentations, research-based assignments, test and/or
examination, students should demonstrate the ability to identify and describe
the end of legal personality.

2. OUTLINE OF MODULE CONTENT / SYLABUS

Topic Detail
1. Defining words and concepts a) What is a “person”

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b) Rights, duties and legal objects

c) What is capacity
d) What is status
e) Forms of liability

2. Beginning of legal personality a) Birth and its legal significance

b) Nasciturus fiction
c) Consequences of the beginning of
legal personality

3. Minority: how age affects a) Passive legal capacity

status b) Capacity to perform juristic acts
c) Capacity to be held accountable for
wrongdoing
d) Capacity to litigate

4. Sex and gender – Status and a) “sex” in the legal context

capacity b) When does the law treat people
differently because of their sex
c) Transsexualism and sexual
realignment
5. Other factors affecting status a) Mental illness
and capacity b) Intoxication
c) Prodigality
d) Insolvency
e) Physical disability

6. Domicile a) What is domicile

b) When is it important to know where
a person is domiciled
c) Domicile Act 3 of 1992
d) Domicile of choice
e) Domicile of closest connection
f) Domicile of origin

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7. End of Legal personality
g) Proving domicile
h) Excluding the renvoi doctrine
a) Death and its legal significance
b) Proof of death
c) Presumption of death

3. READING MATERIALS
• Law of persons and the family, Barratt et al, Pearson - Prescribed
• Casebook on the South African Law of Persons, Heaton (4th edition) –
Reccommended
• Prescribed cases and legislation
• Class notes and Lecture slides

4. TEACHING / LEARNING METHODS

Seminars led by the module convenor(s) and visiting/guest lecturers coupled
with compulsory (and recorded) student participation will be utilised. In
addition, students will be required to write one research-based assessment.

Proposed Lecture Times and Venues: TBC

5. ASSESSMENT METHODS
Semester assessments and an exam will be used to assess students’
competency in the outcomes of this module. Students are required to do all
assessments (including class tests, activities and quizzes), both formative and
summative. Student participation in the seminars, individual presentations at
seminars, group work and individual research-based assignments will be
assessed. The test and assignment and are assessed summative with
feedback and comments on both constituting formative assessment. The final
mark will be determined in the following proportions:
1. Semester Test: 50% of semester mark
(25% of final mark)
2. Research based individual assignment: 50% of semester mark
(25% of final mark)

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3. Exam: 50% of final mark

Assessment Timetable
Assessment type Description / Topic Value
Test 1 TBC 25%
Instructions

Test 2: TBC 25%

Exam: All content covered during the 50%
semester
FINAL MARK: 100%

6. LEARNING ACTIVITIES
The total of 80 notional hours are required and the following hours
per learning activity are recommended:

Description Hours

Advance preparation for seminars (self-study) 10

Seminars per semester 40

Research-based assignment (self-study) 15

Preparation and revision for tests (self-study) 15

TOTAL 80

Extensions
Assessment deadlines are strictly enforced. If you submit an assessment
late, it will not be marked unless there is a good reason for the lateness; and
the work is handed in before others’ work is returned or the assessment is
discussed; and an extension has been approved by the lecturer. A request

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for an extension must be done in writing to the lecturer. These applications

must include a clear and concise account of the concessionary
circumstances and the impact on the student’s studies and with all
necessary documentary evidence.

‘Scope’ for Assessment

Lecturers are often requested to provide students with “scope” for
assessments. The directive of the Faculty of Law is that a “scope” refers to
the content (for example, pages of textbooks, sections of work, etc.) which will
be the subject of the assessment. The approach is:
• The work assessed is set out in the Module Guide, discussed during
contact sessions and is determined by the learning outcomes of the
specific module;
• The lecturer may provide only a parameter of the mark allocation in the
assessment (for example, the mark allocation of questions; or there will be
multiple choice questions while the remainder will be written questions
with the longest mark allocation being defined, etc.).

7. ASSESSMENT CRITERIA
1. The learner can demonstrate an integrated understanding of legal
principles, concepts, theories and values also in relation to societal
issues.
2. The learner can demonstrate an understanding and application of legal
research responsibility and ethically using different research methods and
techniques.
3. The learner can demonstrate the ability to research, analyse and evaluate
information from a legal perspective.
4. The learner can demonstrate effective communication by written means.
5. The learner demonstrates professional responsibility, creativity and
innovation when providing appropriate legal advice.
6. The learner provides evidence of sufficient skills to interact successfully
with colleagues, other role players in the legal process and members of
other professions and disciplines.

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7. The learner can demonstrate the computer skills required in a legal

environment.
8. The learner demonstrates the successful use of different learning
strategies, and the ability to integrate these strategies and organize his/
her own life.
9. The learner can demonstrate an understanding of how the law balances
competing interests in society and the functions of all the role players in
the legal processes in a constitutional state.
10. The learner demonstrates the ability to:
• Identify legal problems in the South African context;
Apply their understanding of relevant South African legal principles
and its underlying values to resolve these problems;
• Compare and critically evaluate solutions in other legal systems, as
well as international trends, in order to resolve the identified problems.

8. RESOURCES
The following resources are available to students:
• Suitably qualified and experienced lecturing and academic support staff;
• Several additional readings on topical issues pertaining to application of
theory;
• Well-resourced library;
• Computer laboratories with Internet access; and
• Blackboard classroom with all information, notifications and documents

9. PLAGIARISM ALERT
Learners must be aware that plagiarism is an academic offence prohibited in
terms of the UFH Plagiarism Policy. With regard to what constitutes
plagiarism, etc., see the policy.
Definitions
Plagiarism, in an academic, university context, may be defined as taking and
using the ideas, writings, works or inventions of another, from any textual or
internet-based source, as if they were ones own. This definition covers the
following aspects:
• Using the direct words of another without using quotation marks (even

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if the passage is referenced);

• The unacknowledged copying of a sentence or two of text; copying
more extensive blocks of text;
• The syndication of a single piece of work by more than one student
(unless the assignment task is a legitimate group assignment);
• The borrowing and using of another person’s assignment (with or
without their knowledge and permission);
• Stealing an entire essay from another person or from the Internet; or
infringing copyright.

For the purposes of this policy, the intention, negligence or innocence of a

person is not relevant to the finding as to whether plagiarism, as a fact, has
occurred. However, the state of mind of the person will be highly significant in
determining how to deal with the case as far as taking remedial action or
imposing a penalty is concerned. Students should note that their assignment
may be submitted to an electronic plagiarism detection software programme
now available to the Faculty.

10. FACULTY REFERENCING STYLE

In preparing and submitting assignments which require students to
acknowledge their authorities and sources in footnotes, Faculty requires that
ALL students use the house style of Speculum Juris (the law journal published
by the Faculty). For this purpose, students should therefore familiarize
themselves with Speculum Juris Style Guide available online at
www.speculumjuris.co.za. Hard copies of Speculum Juris are also available
on short loan in the Library.
Consequences of cheating/fraud
The Dean of Law will not provide a testimonial in respect of any law student
who is convicted of cribbing, plagiarism or any other form of
cheating/dishonest conduct in a test/examination or on an assignment or any
assessment exercise. Without a testimonial from the Dean, a law graduate
may not (a) be admitted as an attorney or advocate; or (b) be allowed to
register for articles of clerkship or be accepted for pupilage training.

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11. ROLES AND RESPONSIBILITIES OF THE LEARNER

• Class participation and meaningful contribution to the attainment of
group learning goals.
• Write take home assignments, which are both well-structured and well
written.
• Participate in student evaluation of the lecturers.
• Meet deadlines for submitting work.
• Adhere to given guidelines.

12. ROLES AND RESPONSIBILITIES OF THE LECTURER

It is the responsibility of the lecturer to:
• Design and specify the number and type of assessment tasks and their
weightings.
• Prepare and distribute the module learning guide in a timely fashion.
• Ensure the signing of the compulsory attendance register by learners.
• Provide prompt feedback on each of the given assessment tasks.

13. LEARNER SUPPORT MATERIALS

Handouts and review questions will be made available to learners – on an ad
hoc basis - through the Blackboard (BB) Learning Management System.

14. CONCLUSION
The course materials, learning and assessment methods, resources and
guidance available to the student should adequately prepare the student to
achieve the exit level outcomes. This result is however heavily dependent on
the student’s enthusiasm and participation in the course.

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