Name: MENZI
SURNAME: MTSHISO
MODULE: LAW CLINIC INTERNSHIP
ASSESSMENT: LEGAL INTERNSHIP MAKEUP TEST.
PREVIOUS GROUP: C.J & ASSOCIATE LAW FIRM
QUESTION ONE.
IN THE COURT OF LOCAL REGIONAL COURT OF EAST LONDON.
CASE NO.B488/2024
In the matter between:
Ms Marry Andrews
Applicant
Verses
The accused
Mr Joseph Jones
STATEMENT IN TERMS OF SECTION 112 (2) THE CRIMINAL PROCEDURE ACT
51 OF 1977
I, the undersigned Joseph Jones in this matter.
1
Declare as follows:
I am the accused herein and understand the charge against us as advised by my
Attorney.
I make my statement whilst in my sound and sober senses and make it freely and
voluntarily without any undue influence while in sober senses.
2
I plead guilty to the charge of HOUSEBREAKING WITH INTENT TO STEAL AND
THEF
3
In amplification of my plea I have the following to say:
WHEREAS I have been informed of my rights:
To be presumed innocent until proven guilty beyond a reasonable doubt;
To remain silent and not to testify during the proceedings; and
Not to be compelled to give self-incriminating evidence and,
4
I plead guilty to the charge preferred against me which is, of contravening the
provisions of Chapter 14 of the Criminal Procedure Act is dedicated to the charge. Section
84 of the same Act deals with the basic essentials of a charge. The section provides as follows
–
‘(1) Subject to the provisions of this Act and of any other law relating to any particular offence,
a charge shall set forth the relevant offence in such manner and with such particulars as to the
time and place at which the offence is alleged to have been committed and the person, if any,
against whom and the property, if any, in respect of which the offence is alleged to have been
committed, as may be reasonably sufficient to inform the accused of the nature of the charge.
(2) Where any of the particulars referred to in subsection (1) are unknown to the prosecutor it
shall be sufficient to state that fact in the charge.
(3) In criminal proceedings the description of any statutory offence in the words of the law
creating the offence, or in similar words, shall be sufficient.’
Dated at East Londonon this the 02 day of March 2006.
____________________________
Paul Grotius
Attorneys for Defendant
420 Kirkness Street
Sunnyside
East London
To:
The Registrar of the of the Local
Regional Court.
And to:
Johannes Voet
Attorneys for Plaintiff
431 Kirkness Street
Sunnyside
East London.
Received copy hereof this 04
day of March 2006
____________________________
Attorneys for Defendant.
QUESTION 2
LETTER OF DEMAND IN RESPECT OF DAMAGES
From: Menzi Mtshiso
East London, 5101
siya2@gmail.com
0785697734
To: Stephanie Landers.
East London 5101
stephanial@gmail.com
0764663573
Dear Ms Landers
RE: MOTOR VEHICLE ACCIDENT ON 10TH January 2024
We refer to the above matter and wish to advise that we act on behalf of our client,
Mr. Mlabi.
Our instructions are that you were involved in a motor collision with a vehicle BMW,
with registration number MLABI 1 on 10th January 2024. Our client is the driver of
the abovementioned vehicle, and our instructions are that the collision was caused
by your sole negligence and that our client's vehicle was damaged as a result
thereof.
Our instructions are further to demand from you as we hereby do, payment of the
sum of R165 000-00 being the fair and reasonable costs of repair to our
client's vehicle together, interest at the rate of a tempore morae per annum from date
of this letter of demand until date of payment and R30-00 being the cost of this letter
of demand to our offices, within seven days of the date hereof, failing which
we will issue summons against you without further notice.
Yours faithfully
Candidate Attorneys
QUESTION 3.
PARTICULARS OF CLAIM.
PARTICULARS OF CLAIM
1.
The plaintiff is Mr Mlabi, an adult male with various business interests, in East
London.
2.
The defendant is Stephanie Landers, an adult male auditor resident at 7 Kingbolt
Crescent, Wapadrand, East London
3.
On 1 March 2024 and at the corner of King and Queen Avenues, Lynnwood, East
London a collision occurred between the plaintiff's vehicle was stationary at a red
traffic light, VW Golf GTI Reg CA 13579.
4.
The collision as aforesaid was caused by the negligence of the defendant in that he
has:
4.1
failed to keep a proper look-out;
4.2
drove at a speed in excess of the speed limit.
5.
As a result of the collision as aforementioned, plaintiff suffered damages in the
amount of R165 000, being the fair and reasonable costs of repairing plaintiff's
vehicle to its pre-collision condition.
6.
Despite demand defendant fails or refuses to pay the aforementioned amount to
plaintiff).
WHEREFORE PLAINTIFF PRAYS FOR JUDGMENT AGAINST DEFENDANT
FOR:
a)
Payment of R165 000
b)
Interest on the above amount at 15,5% a tempore morae
c)
Cost of suit.
Signed at East London on this 03 day of March 2024
Mtshiso Menzi
Attorneys for Plaintiff
431 Kirkness Street
Sunnyside
East London.