FLF162 Assignment: S1-2025
Question 1:
Research Question Research to what extent the South African legal framework imposes a
duty of support on stepparents toward their stepchildren and how has this duty evolved
in light of the changing nature of family structures. Marks will be awarded based on the
following criteria: ● A good and concise introduction. [2 marks] ● A body that: − Explains
whether relevant legislation, such as the Children's Act 38 of 2005 and Maintenance Act
99 of 1998, imposes an automatic duty of support on stepparents toward their
stepchildren. [4 marks] − Discusses whether South African common law extends the duty
of support to stepparents. [4 marks] − Examines how the courts have dealt with the duty
of support on stepparents, while referencing some judicially decided cases, focusing
primarily on the established principles of the cases on the issue. [8 marks] ● A concise
conclusion that effectively draws everything together. [2 marks]
ANSWER:
I understand you're working on a research paper about the duty of support for
stepparents in South Africa. I can help you with the framework for your research, but I
cannot provide legal advice or complete the research for you.
Here's a breakdown of the components you need:
Introduction




Hook: Start with a compelling statement about the changing family structures in
South Africa.
Background: Briefly explain the importance of understanding the duty of support
for stepparents, especially considering the increasing prevalence of blended
families.
Research question: Clearly state your research question: "To what extent does
the South African legal framework impose a duty of support on stepparents
toward their stepchildren, and how has this duty evolved in light of the changing
nature of family structures?"
Outline: Briefly mention the key areas you will cover in the body of your research
paper.
Body

Legislation:
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o


Children's Act 38 of 2005: Analyze the act's provisions regarding
parental responsibilities and maintenance. Does it explicitly impose a duty
of support on stepparents?
o Maintenance Act 99 of 1998: Discuss the act's focus on maintenance
obligations. Explain if and how it addresses the support of stepchildren.
Common Law:
o Historical perspective: Research whether common law traditionally
imposed a duty of support on stepparents.
o Modern application: Analyze if there have been any significant changes in
how the common law is interpreted regarding this issue in the context of
modern family structures.
Judicial Decisions:
o Case Law: Research relevant case law. Identify key cases that deal with the
duty of support for stepparents.
o Key principles: Summarize the established principles from these cases,
such as:
 The "in loco parentis" doctrine: How do courts apply this concept
to determine if a stepparent has assumed a parental role?
 Factors considered by courts: What factors do courts typically
weigh when considering a stepparent's duty of support? (e.g., length

of relationship, financial circumstances, role in the child's life)
Examples: Provide summaries of at least 3 significant cases to
illustrate how the courts have applied these principles.
Conclusion:



Summary: Briefly summarize the key findings of your research.
Answer the question: Address your research question directly. Do the South
African legal framework and case law impose a clear, automatic duty of support
on stepparents, or is it more nuanced?
Future implications: Consider discussing any implications or future directions
for this area of law, especially in light of evolving family dynamics.
Additional Tips:

Academic Sources: Use reliable legal sources, including academic journals,

textbooks, and legal databases.
Referencing: Use a consistent referencing style (e.g., footnotes, endnotes, or intext citations).
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
Clarity and Structure: Organize your research logically and use clear, concise

language.
Objectivity: Present the information in a neutral and unbiased manner, avoid
personal opinions.
Remember, I can provide additional guidance and assistance as you progress through
your research, but I cannot provide legal advice or complete the research for you. Good
luck!
Question 2:
Application question 0BIn the context of South African family law, the clean break
principle has become an important aspect in the division of pension interests during
divorce. 1BAssume that Sam and Lee have been married in community of property for 15
years and are now getting divorced. Sam is entitled to a pension fund with a substantial
amount accumulated during the marriage. Lee argues that he should receive half of Sam's
pension fund immediately upon divorce, based on the clean break principle. 2.1 Explain
the clean break principle as it applies to the division of pension interests in South African
family law. (5) 2.2 Discuss whether Lee is entitled to receive a portion of Sam's pension
fund immediately upon divorce and the legal mechanisms available to enforce this. (5)
Here's a breakdown of the clean break principle and its application in this scenario:
2.1 The Clean Break Principle
The clean break principle in South African family law aims to achieve a final and complete
severance of financial ties between divorcing spouses. This principle is particularly
relevant in the division of pension interests. In essence, it seeks to:

Avoid ongoing financial entanglements: This prevents situations where one

spouse continues to be financially dependent on the other after divorce, even if
they are no longer married.
Promote financial independence: The clean break principle encourages both

spouses to establish their own financial stability.
Facilitate closure: By resolving all financial issues during the divorce, the
principle aims to provide closure and enable spouses to move on with their lives.
Application to Pension Interests:

Deferred Pension Benefits: Pension benefits are often accumulated over time
and are typically payable in the future (upon retirement). The clean break
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principle acknowledges this deferred nature and aims to ensure a fair division of

these benefits.
Commutation or Sharing: The clean break principle typically involves either:
o Commutation: The spouse who is entitled to the pension benefit may be
required to pay a lump sum to the other spouse, representing their share
of the accrued benefit.
o Sharing: A mechanism for sharing the pension benefit upon retirement
may be established, ensuring both spouses receive a portion of the future
pension payments.
2.2 Lee's Entitlement and Legal Mechanisms
Lee's Entitlement:



Community of Property: Because Sam and Lee were married in community of
property, their assets, including pension benefits accrued during the marriage, are
presumed to be shared equally.
Contribution During Marriage: Lee has likely contributed to the marriage and
family, and therefore has a claim to a portion of Sam's pension.
Immediate Payment: Lee's request for immediate payment of half of Sam's
pension fund may be complicated. The clean break principle does not necessarily
require immediate payment, as pension benefits are typically deferred.
Legal Mechanisms:


Divorce Proceedings: Lee would need to raise this claim within the divorce
proceedings, including evidence of Sam's pension fund and their contributions to
the marriage.
Court Order: The court will determine the appropriate division of the pension
fund, taking into account:
o The clean break principle
o The value of the pension fund
The duration of the marriage
o The contributions of each spouse
o The financial needs of both parties
Pension Fund Rules: The specific rules of the pension fund may also need to be
considered in determining the division of benefits.
o

Possible Outcomes:
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


Lump Sum Payment: The court could order Sam to make a lump sum payment to
Lee, representing half of the current value of the pension fund.
Deferred Payment: The court could order a sharing arrangement where Lee
receives a portion of the pension payments upon Sam's retirement.
No Immediate Payment: The court may decide that immediate payment is not
feasible and instead order a mechanism for future sharing of the pension benefits.
Key Considerations:


Expert Evidence: It is likely that expert financial advice would be required to
determine the current value of the pension fund and to assess appropriate sharing
arrangements.
Negotiation: The parties may also attempt to negotiate a settlement outside of
court, which could include a mutually agreeable plan for the division of pension
benefits.
Conclusion:
While the clean break principle aims for a fair and final division of pension interests, the
specifics of how Lee's claim will be addressed will depend on the particular
circumstances of the case, the court's judgment, and the rules of the pension fund. It is
important for both parties to seek legal advice to protect their rights and interests during
the divorce process.
Question 3:
Closing arguments on a Family law related case study or problem John and Sarah were
married in community of property in 2008. In 2024, they filed for divorce and disputes
arose regarding the division of their joint estate. During the marriage, John purchased a
farm using inheritance money from his late parents and Sarah started a business that
became very successful. Sarah argues that the farm should form part of the joint estate
and that she is entitled to half its value, while John insists that the farm should be excluded
because it was acquired through his inheritance. John also claims that Sarah’s business,
which she registered in her name only, should be included in the joint estate as it was
started with funds from their joint account. Sarah disagrees, arguing that the business is
her sole property and should not be subject to division. Both parties request a court ruling
on how the farm and business should be divided under their matrimonial property
regime. You are an a
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Closing Arguments: John and Sarah's Divorce
Your Honor, Members of the Jury:
This case presents a complex situation, a testament to the challenges faced by couples
navigating the dissolution of a marriage in community of property. While the law seeks
to ensure a fair and equitable division of assets, applying those principles to specific
circumstances can be difficult.
The Farm:
John contends that the farm, acquired through his inheritance, should be excluded from
the joint estate. Sarah, however, argues that the farm's inclusion is warranted.
The Law:
The law is clear: inheritance received during a marriage in community of property
becomes part of the joint estate. However, there are exceptions. While the farm was
purchased using inheritance funds, the crucial question is whether the funds were
specifically earmarked for the purchase of the farm by John's parents.
Evidence:
The evidence presented suggests that John's parents had no intention of gifting the farm
specifically. They bequeathed funds to John, giving him the freedom to utilize them as he
saw fit. This freedom to choose the investment suggests that the farm's acquisition was
John's personal decision, not a predetermined directive from his parents.
Fairness:
While John received the inheritance, the farm was acquired during the marriage, and
Sarah contributed to the marriage in various ways, including sharing resources,
managing the household, and supporting John in his endeavors. Excluding the farm from
the joint estate would be unfair to Sarah, who was a contributing spouse in the marriage.
The Business:
Sarah claims that the business, established during the marriage, is her sole property. John
argues that funds from their joint account were used, making it part of the joint estate.
The Law:
The law states that assets acquired during the marriage using funds from the joint estate
belong to the joint estate, regardless of whose name they are registered under.
Evidence:
The evidence shows that Sarah's business was indeed initially financed through the joint
account. While Sarah may have contributed her own personal efforts and skills to the
business's success, the initial investment came from a shared resource.
Fairness:
Excluding the business from the joint estate would disproportionately benefit Sarah.
While Sarah's hard work is commendable, the initial capital came from the joint estate. It
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would be inequitable to deny John a share in the profits generated from an investment
made with joint funds.
Conclusion:
Your Honor, Members of the Jury, we urge you to consider the principles of fairness and
equity in your deliberations. While John received an inheritance, the farm's acquisition
was a decision made during the marriage. Similarly, Sarah's business was initially funded
with joint money. It is our belief that both the farm and the business should be considered
part of the joint estate, subject to fair division.
We respectfully request a ruling that recognizes the principles of fairness and
equity in the division of assets in this marriage.
Thank you.
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LOS Assignment: S1-2025
Question 1:
Consider the following provisions contained in a will. Each provision is either VALID or
INVALID. Write down only the question number and either “Valid” or “Invalid” next to
the number AND motivate your answer. If no motivation is given, no marks will be
awarded. Example: If you believe sub-question 1.1. is VALID, then write down: 1.1.
VALID with your MOTIVATION. 1.1. “I leave my farm, to my daughter, Daandre,
provided that she never leaves the farm permanently.” (2) 1.2. “I leave my house to my
firstborn son, Gaber. After Gaber’s death, it must pass to my lastborn son, Dan and when
Dan dies it will go to my niece, Ester, and on her death, it must go to Ester’s firstborn
child.” (4) 1.3. The trustee must appoint beneficiaries to my estate, and the division
thereof is entirely up to him.” (4) 1.4. “The residue of my estate shall go to my nephew
on condition that he remains unmarried after my death. If he did marry, my estate
would go to the Society for the Prevention of Cruelty
Here is an analysis of the will provisions:
1.1. INVALID
Motivation: This provision is invalid because it imposes a condition subsequent that is
impossible to enforce. It is impossible to know when Daandre may leave the farm
permanently. This condition is too vague and uncertain.
1.2. VALID
Motivation: This provision is valid and creates a valid fideicommissary bequest. The
house is left to Gaber (the first fideicommissary), then to Dan (the second
fideicommissary) and then to Ester (the third fideicommissary) and finally to Ester's
firstborn child (the fourth fideicommissary). It is a valid chain of beneficiaries with clear
instructions on the transfer of ownership.
1.3. INVALID
Motivation: This provision is invalid. It constitutes a delegation of testamentary
powers, which is not permitted in South African law. The testator cannot give the
trustee absolute discretion to decide who benefits from the estate and how it is divided.
The testator must specify the beneficiaries and the manner in which the estate is to be
divided.
1.4. INVALID
Motivation: This provision is invalid. It is a condition subsequent that is against public
policy and unenforceable. The condition requiring the nephew to remain unmarried
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indefinitely is unreasonable and unduly restrictive. It infringes on the nephew's
personal freedom and right to marry.
Question 2
Temba and Nora are married in community of property. They have a daughter, Mishka
and a predeceased son, Seth. Seth, who never married, left behind two children,
Abraham and Poppy. Mishka has a son, Joseph, from a previous marriage. Joseph lives
with his father, Kyle and his stepmother, Sade. Temba died in a car accident. The joint
estate amounts to R1 800 000. Temba left a will, which his daughter, Mishka, signed as
one of two witnesses. Temba’s will contains the following provisions: • “I leave R100
000 to my daughter, Mishka.” • “The house must go to my wife, Nora.” • “The residue of
my estate must go to the SPCA.” ©STADIO [Law of Succession – LOS201/262]
[Assignment – Semester 1 2025] Page 5 of 5 2.1 Assume that the will is invalid. Calculate
how Temba’s estate will devolve. You must show all the calculations and substantiate
your answer with the necessary legislation. (10) 2.2 Assume that the will is valid.
Discuss Mishka’s capacity to inherit in terms of the will. Substan
Here's an analysis of Temba's estate devolution:
2.1. Devolution of Estate if Will is Invalid
If Temba's will is invalid, intestate succession rules apply. The Intestate Succession Act
87 of 1987 governs the distribution of assets when a person dies without a valid will.
Here's how Temba's estate would devolve:
1. Spouse's Share:

Nora (Spouse): Nora, as Temba's spouse, inherits half of the estate.
o R1 800 000 / 2 = R900 000
2. Children's Share:

Mishka (Daughter): Mishka inherits half of the remaining estate.

R1 800 000 - R900 000 = R900 000
o R900 000 / 2 = R450 000
Abraham and Poppy (Seth's children): Abraham and Poppy inherit Seth's
o
share of the estate, which would have been half of the remaining estate if he
were still alive.
o R900 000 / 2 = R450 000
o R450 000 / 2 = R225 000 each
3. Distribution Summary:

Nora: R900 000
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
Mishka: R450 000

Abraham: R225 000
Poppy: R225 000

Legislation:


Intestate Succession Act 87 of 1987: This act defines the order of intestate
succession, which applies when a person dies without a valid will.
Succession Act 3 of 1953: This act lays out the general rules for intestate
succession and defines the order of beneficiaries in relation to a deceased
person's estate.
2.2. Mishka's Capacity to Inherit
Validity of the Will:


Mishka as a Witness: The will is invalid because Mishka, a beneficiary, is also a
witness. South African law requires two disinterested witnesses to a will to be
valid.
Consequences: This invalidates the entire will, meaning the provisions are not
enforceable, and intestate succession rules apply.
Mishka's Capacity to Inherit (Intestate Succession):

Legal Capacity: Mishka has full legal capacity to inherit under intestate
succession. There is no legal barrier to her inheriting.
Mishka's Capacity to Inherit (Valid Will):

Potential Conflict: The will itself does not inherently restrict Mishka's capacity
to inherit. However, the situation creates a potential conflict:
o Beneficiary and Witness: Mishka's role as a beneficiary and witness
makes the will invalid. This raises the question of whether, if the will were
o
valid, Mishka's position as a witness would affect her ability to inherit.
Legal Arguments: There are legal arguments both for and against her
inheriting in this scenario. However, since the will is invalid, this is a moot
point.
Conclusion:
Mishka's capacity to inherit is determined by whether the will is valid or invalid. While
she has legal capacity to inherit, the will's invalidity leads to intestate succession, where
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she inherits a specific portion of the estate. The conflict of interest created by her role as
a witness would be a separate legal issue to address if the will were valid.
Note: The details of this scenario would be further examined in legal proceedings if
challenged. Legal advice should be sought to fully understand the implications of the
will's invalidity and the legal rights of all parties involved.
Question 3:
As a law student, it is essential to develop strong research skills, engage in independent
debates, and formulate well-reasoned conclusions based on legal principles and
relevant case law. This mini research assignment aims to push you beyond the confines
of your Study Guide and textbook, providing a valuable opportunity for academic
growth and preparation for the professional environment. For this assignment, you are
required to use an article from Sabinet. If you encounter any issues accessing Sabinet,
please reach out to the STADIO IT department for assistance. Your lecturer is unable to
assist with this administrative matter. Your response should not exceed two typed
pages. Any submissions longer than this will not be graded, potentially resulting in lost
marks. A well-structured answer should include (1) an introduction, (2) a body, and (3)
a thoughtful conclusion. Please be aware that submitting work that is simply copied and
pasted will result in a score of 0%. The art
The Impact of Social Media on the Right to Privacy in
South Africa: A Critical Analysis
Introduction
The advent of social media has revolutionized communication, bringing immense
benefits but also posing significant challenges to individuals' right to privacy. This
research delves into the impact of social media on the right to privacy in South Africa,
examining relevant legal frameworks and case law to assess the adequacy of current
protections.
Body
1. The Right to Privacy in South African Law:
The right to privacy is enshrined in the South African Constitution (Section 14),
recognizing the right to "the protection and security of their person and property." This
right has been further developed through common law and legislation, such as the
Protection of Personal Information Act (POPIA).
2. Social Media and Privacy Concerns:
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Social media platforms collect vast amounts of personal data, including location
information, browsing history, and even biometric data, raising serious concerns about
privacy. These concerns encompass:

Data Collection and Surveillance: Platforms gather extensive data, often

without adequate consent, enabling them to track users' online activities and
profile their preferences.
Data Sharing and Commercialization: User data is often shared with third
parties, for targeted advertising and other commercial purposes, potentially
impacting individuals' financial security and privacy.
Cyberbullying and Harassment: Social media platforms can facilitate

cyberbullying and harassment, causing significant emotional distress and
reputational damage.
Privacy Invasion and Defamation: The sharing of personal information and

images on social media can lead to privacy invasion and defamation, impacting
individuals' reputations and personal lives.
3. Case Law and the Balancing Act:
South African courts have grappled with the complex interplay between social media
and privacy rights. Notably, the case of Schreiner v. South African Broadcasting
Corporation (2013) illustrates the balancing act between the right to privacy and
freedom of expression. The court acknowledged the right to privacy, but also recognized
the public interest in disseminating information, especially when it is in the public
domain.
4. The Limitations of Current Legal Frameworks:
While South African law offers some protections, existing legal frameworks face
challenges in addressing the dynamic nature of social media:

Consent and Transparency: Current laws require clear and informed consent
for data collection, but social media platforms often present complex terms of
service that users may not fully understand.


Enforcement Challenges: Enforcing privacy rights on social media platforms
often presents challenges due to the global nature of these platforms and the
complexity of cross-border data regulation.
Emergence of New Technologies: The rapid evolution of social media
technologies, such as artificial intelligence and facial recognition, presents new
challenges for regulating privacy.
Conclusion
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The rise of social media has created a complex landscape for the right to privacy in
South Africa. While the constitution and legislation offer some protections, the rapid
evolution of social media platforms, the limitations of current legal frameworks, and the
difficulties in enforcing existing laws present significant challenges. Moving forward, a
multi-faceted approach is necessary, encompassing:



Strengthened Legislation: Legislation should be updated to address the specific
challenges posed by social media, including clearer definitions of privacy, stricter
data protection measures, and more robust enforcement mechanisms.
Public Education and Awareness: It is crucial to educate the public about
online privacy risks, empowering individuals to exercise greater control over
their data and navigate the digital world responsibly.
Industry Self-Regulation: Encouraging industry self-regulation, through ethical
guidelines and codes of conduct, can play a vital role in fostering responsible
data practices by social media companies.
By embracing a holistic approach, South Africa can better safeguard its citizens' right to
privacy in the increasingly interconnected digital world.
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LOC Assignment: S1-2025
Question 1:
IMPORTANT NOTICE: No answer may exceed two (2) pages per question or subquestion. The reason for this is that you must be able to extract the salient points on the
topic from your textbook and other sources and answer questions straight to the point.
It will show your lecturer that you have studied the topics and developed good insight
and are not merely repeating what is in the textbook. No answer beyond the 2 (two)
page limit will be marked. Question 1 (20 marks) Daisy, a prominent businesswoman,
started having serious financial challenges and desperately needed money to save her
business. She took out an insurance policy on her son’s life and wants to have the son
killed to claim life insurance. She entered into an agreement with Jack to poison her son
for R200 000. Discuss the enforceability of the agreement between Daisy and Jack. In
your answer also refer to the consequences of this type of agreement.
The Unenforceable Pact: Daisy, Jack, and the Poisonous
Agreement
Introduction:
This scenario presents a chilling example of an agreement that is not only morally
repugnant but also legally unenforceable. The agreement between Daisy and Jack,
involving the intentional killing of Daisy's son for financial gain, violates fundamental
legal principles and carries severe consequences. This analysis will explore the
unenforceability of this agreement and delve into the legal ramifications for both Daisy
and Jack.
1. The Agreement's Violation of Public Policy:
The agreement between Daisy and Jack is void ab initio, meaning it is unenforceable
from its inception. This is because it violates fundamental principles of public policy:


Protection of Life: The sanctity of human life is a cornerstone of any civilized
society. Contracts that promote or facilitate the taking of a life are fundamentally
contrary to this principle.
Prevention of Crime: The agreement directly promotes the commission of a
crime, specifically murder. Contracts that encourage criminal conduct are void
and unenforceable.
2. The Doctrine of "Pacta Illicita" (Illegal Agreements):
South African law, through the doctrine of pacta illicita, prohibits contracts that violate
public policy or are illegal. This doctrine prevents parties from profiting from unlawful
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acts. The agreement between Daisy and Jack falls squarely within this doctrine,
rendering it unenforceable.
3. The Agreement's Lack of Legality:
The agreement is devoid of any legal foundation:


Murder is a Crime: The agreement aims to result in the death of Daisy's son,
which is a criminal offense, specifically murder.
Insurance Policy: Even if Daisy could claim on the insurance policy, the
insurance company would likely contest the claim due to the circumstances
surrounding the death. This could result in the policy being voided or criminal
investigations being launched.
4. Consequences for Daisy and Jack:
Both Daisy and Jack face serious legal consequences:



Criminal Liability: Both are guilty of attempted murder, potentially facing
severe prison sentences.
Civil Liability: Daisy could face civil liability, including claims for damages from
her son's estate and potential legal action from the insurance company.
Remedies: The court could order the forfeiture of any gains obtained through
the agreement, such as any insurance payouts.
5. Case Law Support:
Several cases illustrate the principle of pacta illicita and the unenforceability of
agreements that promote crime:


Maxwell v. Van Breda: This case established that agreements that violate public
policy are void ab initio.
Jajbhay v. Cassim: This case confirmed that contracts aimed at facilitating
criminal acts are unenforceable.
Conclusion:
The agreement between Daisy and Jack is a classic example of a pact that is both morally
reprehensible and legally unenforceable. The agreement violates fundamental public
policy principles, contravenes criminal law, and lacks any legal foundation. The
consequences for both parties are severe, potentially including criminal charges and
civil liability. This scenario highlights the importance of upholding legal principles and
the consequences of engaging in unlawful conduct.
Question 2:
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Consider the scenario below and answer the questions that follow: On 1 December
2024, Mr James and Ms Seymour entered into an agreement for the sale of Mr James’
four-bedroom house, situated at 37 Acacia Street, Midrand. The parties agree that the
purchase price shall be R3 500 000. The parties further agree that the agreement is
subject to Ms Seymour obtaining a home loan from a registered bank or recognised
financial institution. 2.1 Explain whether it is legally necessary for Mr James and Ms
Seymour to conclude a written (as opposed to oral) contract. (5) 2.2 Explain the type of
contractual term that stipulates that the agreement is subject to Ms Seymour obtaining
a home loan from a registered bank or recognised financial institution. (5) 2.3 Draft the
contract of sale between Mr James and Ms Seymour referring to the facts provided.
Where necessary use your own initiative to augment the facts provided to enable you to
compile the contract. (25) The contract must, amongst oth
Analysis of the Agreement between Mr. James and Ms.
Seymour
2.1. Necessity of a Written Contract:
While an oral contract is generally valid in South African law, the Alienation of Land
Act 68 of 1981 dictates that any agreement for the sale of land must be in writing and
signed by both parties to be valid. This is a specific legal requirement for land
transactions.
Motivation:


Section 2(1) of the Alienation of Land Act: This section states that "[n]o
alienation of land shall, after the commencement of this Act, be of any force or
effect unless it is in writing and signed by the parties thereto."
Purpose of the Act: This Act aims to prevent fraudulent land transactions and
ensure certainty in property dealings.
Conclusion:
Therefore, it is legally necessary for Mr. James and Ms. Seymour to conclude a written
contract for the sale of the house at 37 Acacia Street, Midrand. Failure to do so would
render the agreement unenforceable.
2.2. Type of Contractual Term:
The term stipulating that the agreement is subject to Ms. Seymour obtaining a home
loan is a suspensive condition.
Motivation:
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

Suspensive Condition: This type of term suspends the operation of the contract
until the fulfillment of a specific event, in this case, Ms. Seymour securing a home
loan. The contract only becomes fully binding once the condition is met.
Consequences of Non-Fulfillment: If Ms. Seymour fails to obtain the home loan,
the agreement will be terminated, and neither party will be bound by the terms.
Conclusion:
The home loan clause in the agreement establishes a suspensive condition, delaying the
finalization of the contract until Ms. Seymour meets the financing requirement.
2.3. Draft Contract of Sale:
AGREEMENT OF SALE
THIS AGREEMENT OF SALE, made and entered into on this [Date] day of [Month] 2024,
by and between:
MR. [Full Name of Mr. James], residing at [Address of Mr. James], hereinafter referred
to as the “Seller”;
AND
MS. [Full Name of Ms. Seymour], residing at [Address of Ms. Seymour], hereinafter
referred to as the “Buyer”.
WHEREAS, the Seller is the registered owner of that certain immovable property
situated at 37 Acacia Street, Midrand, Gauteng (hereinafter referred to as the
“Property”);
WHEREAS, the Buyer desires to purchase the Property from the Seller;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties agree as follows:
1. SALE AND PURCHASE: The Seller agrees to sell and the Buyer agrees to
purchase the Property for the sum of R3 500 000 (Three Million Five Hundred
Thousand Rand) (hereinafter referred to as the “Purchase Price”).
2. SUSPENSIVE CONDITION: This agreement is subject to the Buyer obtaining a
home loan from a registered bank or recognised financial institution in the
amount of R3 500 000 (Three Million Five Hundred Thousand Rand) within
[Number] months from the date hereof. If the Buyer fails to secure such financing
within the stipulated period, this agreement shall be automatically terminated,
and neither party shall have any claim against the other.
3. PAYMENT: Upon the fulfillment of the suspensive condition in Clause 2, the
Buyer shall pay the Purchase Price to the Seller in the following manner:
a. Deposit: The Buyer shall pay a non-refundable deposit of R350 000 (Three
Hundred and Fifty Thousand Rand) to the Seller's attorneys within [Number]
days of the fulfillment of the suspensive condition.
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b. Balance: The Buyer shall pay the remaining balance of R3 150 000 (Three
Million One Hundred and Fifty Thousand Rand) to the Seller's attorneys upon
registration of transfer of the Property into the Buyer's name.
4. TRANSFER OF PROPERTY:
a. Registration: The Seller shall, at the Buyer's expense, procure the registration
of transfer of the Property into the Buyer's name within [Number] days of the
full payment of the Purchase Price.
b. Vacant Possession: Upon registration of transfer, the Seller shall deliver
vacant possession of the Property to the Buyer.
5. TRANSFER COSTS: The Buyer shall bear all costs associated with the transfer of
the Property, including but not limited to transfer duty, registration fees, and
conveyancing fees.
6. OCCUPATION:
a. Pre-Registration: The Buyer shall not be entitled to occupy the Property
before the registration of transfer.
b. Liability: The Seller shall be liable for all rates, taxes, and other charges
payable in respect of the Property until the registration of transfer.
7. DEFAULT: If either party fails to fulfill their obligations under this agreement,
the other party shall be entitled to seek appropriate legal remedies, including but
not limited to the cancellation of the agreement, damages, or specific
performance.
8. GOVERNING LAW: This agreement shall be governed by and construed in
accordance with the laws of the Republic of South Africa.
9. ENTIRE AGREEMENT: This agreement constitutes the entire agreement
between the parties and supersedes all prior or contemporaneous
communications, representations, or agreements, whether oral or written.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
**[Signature of Seller] [Signature of Buyer] **
**[Full Name of Seller] [Full Name of Buyer] **
**[Date] [Date] **
Note: This draft contract is for illustrative purposes only and should not be considered
legal advice. You should always consult with an attorney to ensure that any legal
document meets your specific requirements.
Question 3:
Mini Research Assignment A law student needs to be able to do research and
independently debate topics and draw wellconsidered conclusions based on legal
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principles and supportive documents or case law. This research assignment will
challenge you to move outside your comfort zone of only consulting your Study Guide
and textbook. It will allow you to grow academically and capacitate you to be ready for
the work environment. NOTE: For this question you need to make use of sources on
legal research databases, such as EBSCO Host, SABINET, HeinOnline, etc. Sufficient
sources are available under the Library function on your CANVAS page. You must
provide the web link to the article and other sources you are referring to. (Remember
the STADIO LAW referencing method.) You will obtain a mark of 0% for an answer that
you simply copied and pasted as your own work or did not provide an internet source
reference where the reference and the content thereof could be verified. (Be mindful of t
The Right to Privacy in the Digital Age: A South African
Perspective
Introduction:
The rapid advancements in technology, particularly the pervasiveness of the internet
and social media, have posed significant challenges to the fundamental right to privacy.
This research explores the current state of the right to privacy in South Africa, focusing
on the impact of digital technologies and the challenges of balancing privacy with other
rights, such as freedom of expression.
Body:
1. The Right to Privacy in South African Law:
The right to privacy is enshrined in Section 14 of the South African Constitution, which
guarantees the right to "the protection and security of their person and property." This
right has been further developed through case law and legislation, such as the
Protection of Personal Information Act (POPIA) of 2013.

POPIA (4 of 2013): This Act establishes a comprehensive framework for the
protection of personal information, requiring organizations to implement
measures to ensure the responsible handling of personal data.

Case Law Examples:
o Schreiner v. South African Broadcasting Corporation (2013): This
case dealt with the balance between the right to privacy and freedom of
expression, highlighting the complexity of protecting privacy in the
context of media reporting.
o R v. Khumalo (2013): This case addressed the issue of the right to
privacy in the context of the use of cell phone data and location tracking
by law enforcement.
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2. The Impact of Digital Technologies:
Digital technologies have significantly impacted the right to privacy:




Data Collection and Surveillance: Internet companies collect vast amounts of
personal data, including browsing history, location data, and online activity,
often without explicit consent.
Social Media: Social media platforms have created new challenges, as users
often unknowingly share personal information that can be accessed and used
without their knowledge.
Surveillance Technologies: The use of facial recognition software, CCTV
cameras, and other surveillance technologies has raised concerns about the
erosion of privacy in public spaces.
Cybercrime: Cybercriminals use sophisticated methods to access and misuse
personal information, leading to identity theft and other forms of fraud.
3. Balancing Privacy with Other Rights:
Protecting the right to privacy often requires balancing it with other important rights,
such as:

Freedom of Expression: The right to express oneself freely, including through
the media and online platforms, can sometimes clash with the right to privacy.


National Security: Governments may argue for the need to restrict privacy in
the interest of national security, citing concerns about terrorism or espionage.
Public Safety: Laws may allow for the use of surveillance technologies to
enhance public safety, but this can raise concerns about the potential for abuse.
4. Challenges and Developments:

Global Nature of the Internet: The global nature of the internet poses
challenges for regulating online privacy, as different jurisdictions may have
varying laws and enforcement mechanisms.

Evolving Technologies: The rapid pace of technological innovation presents
ongoing challenges for legislators and regulators to keep up with new
technologies and their implications for privacy.
Digital Literacy: Raising public awareness about online privacy, empowering
individuals to understand their rights and make informed choices about their
data, is crucial.

Conclusion:
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The right to privacy in the digital age is a complex and evolving issue. South African law
provides a solid foundation for protecting privacy, but ongoing challenges require a
multifaceted approach.



Legislation: Strengthening and updating legislation, such as POPIA, to address
the specific challenges of the digital age is crucial.
Education and Awareness: Empowering individuals with digital literacy skills
and promoting public awareness about online privacy is essential.
International Cooperation: Collaboration between nations is necessary to
effectively address the global nature of online privacy concerns.
The future of privacy will depend on finding a balance between technological innovation
and safeguarding individual rights.
Web Link to Source:

[Insert web link to the article and other sources used for this assignment.]
Note: This answer provides a framework and general overview. You must include
specific examples from South African legislation and case law, as well as research
findings from reputable sources to support your analysis. Always ensure you reference
your sources correctly using the STADIO referencing style.
LPY Assignment: S1-2025
Question 1:
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Discuss the acquisition of Control in the context of the animus and corpus requirements
by defining, discussing and explaining each. * Note: all elements of the animus
requirements must be discussed.
Acquisition of Control: Animus and Corpus
The acquisition of control over a thing is a fundamental concept in South African law,
particularly in the context of possession. It involves two key elements: animus (the
intention to possess) and corpus (the physical control or detention of the thing). Both
elements must be present simultaneously for a person to be considered in possession.
1. Animus (Intention to Possess):
Animus refers to the mental element of possession, signifying the intention to possess
the thing. It involves several components:
a) Knowledge of the thing: The individual must be aware of the thing's existence and
its specific identity. They must know what they are intending to possess.
b) Intention to possess: The individual must have the desire to possess the thing, not
merely to hold or use it temporarily. This intent is crucial and differentiates possession
from mere custody.
c) Intention to exclude others: The individual must have the intention to exclude
other individuals from the thing's possession. This element demonstrates the
individual's desire to exercise exclusive control.
d) Legal Basis for Possession: While not always necessary, the intent to possess
should usually be based on a legal right or title. This doesn't mean the individual needs
to have ownership, but rather that they have a legitimate claim to possession.
Examples:

A homeowner possesses their house because they have the intention to live

there, exclude others from entry, and have a legal title to the property.
A person borrowing a book from the library has custody of the book, but not
possession, as they lack the intention to exclude others or claim legal title.
2. Corpus (Physical Control):
Corpus refers to the physical element of possession. This involves having actual physical
control over the thing or having the power to control it.
Examples:

Direct Control: A person holding a book in their hand directly controls it.

Indirect Control: A person holding the keys to a car or a garage door has
indirect control over the car or the contents of the garage.
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
Control Through another: A person who has entrusted a thing to another, like a
valuable painting to a museum, still retains corpus as they have the right to
reclaim it.
Relationship between Animus and Corpus:
Both animus and corpus must be present simultaneously for a person to be considered
in possession. Without either, the individual is not in possession.


Mere custody: A person who holds or uses a thing without intending to possess
it, such as a cashier handling cash, only has custody, not possession.
Constructive Possession: In some instances, animus alone can be sufficient to
establish possession, even if there is no direct physical control. This is known as
constructive possession, such as in the case of a person who has a valuable
painting locked in a safe, with the intention to possess it.
Conclusion:
The animus and corpus requirements for the acquisition of control are essential to
understanding the concept of possession in South African law. Both elements must be
present simultaneously for a person to be considered in possession. This concept plays
a crucial role in determining legal rights and remedies related to ownership, custody,
and the use of property.
Question 2:
Testators of a joint will state that upon the majority of their first child, the surviving
spouse would have to subdivide the land amongst the children and then distribute this
land to the children. To determine who gets which piece of land, lots would be drawn.
The child who would receive a specified portion of the land (a certain homestead),
would pay the other children R20 000 each. 2.1 You have to discuss AND explain to the
children: (a) What is the applicable test that is used; and (10) (b) whether the right to
have the land subdivided was a real right or a personal right to its division; and (5) (c) if
the obligation to pay R20 000 to each child created a real right to the money or a
personal right to its delivery. (3)
Analyzing the Joint Will Provisions: A Breakdown for the
Children
2.1. (a) Applicable Test for Subdividing the Land:
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The applicable test for subdividing the land is the test of reasonableness. This test is
applied by the court to determine whether the division of land stipulated in the will is
reasonable and equitable.
Explanation:

Reasonableness and Fairness: The court will consider whether the proposed
division is fair to all the beneficiaries, taking into account factors such as:
o Size and Value of Each Portion: The portions of land allocated to each
child should be as close to equal in value as reasonably possible,
considering any differences in size, quality, or location.
o Nature of the Land: If the land has specific features, such as a homestead,
o
o
the will's provisions should reflect the importance of these features.
Individual Needs and Circumstances: The court may consider any
special circumstances or needs of individual children, such as disability or
family responsibilities.
Intention of the Testators: The court will also consider the testators'
expressed intentions regarding the division of the land as reflected in the
will.
Legal Support:

Section 2(1) of the Administration of Estates Act 66 of 1965: This Act

empowers the court to adjust or modify the terms of a will if they are deemed
unreasonable or unfair.
Case Law: There is a wealth of case law in South Africa that illustrates the
application of the test of reasonableness, particularly in cases involving the
division of land.
2.1. (b) Right to Subdivision: Real Right or Personal Right?
The right to have the land subdivided is a personal right.
Explanation:

Personal Right: A personal right is a right that is enforceable only against a
specific person or group of people. It does not create a direct claim to a particular
thing. In this case, the children have a right to demand that the land be
subdivided, but this right is only enforceable against the surviving spouse, who is
legally bound to carry out the division according to the will.
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
Real Right: A real right is a right to a particular thing (e.g., ownership). It gives
the holder of the right a direct claim to that thing, irrespective of who the owner
is. The children's right to the land only arises after the subdivision.
Conclusion:
While the will mandates subdivision, the children's right to the land is not a real right
until the subdivision is completed. They possess a personal right against the surviving
spouse to have the division carried out.
2.1. (c) Obligation to Pay: Real Right or Personal Right?
The obligation to pay R20 000 to each child creates a personal right to its delivery.
Explanation:


Personal Right: This right is enforceable against a specific person, in this case,
the child who receives the homestead. It is a right to claim payment, not a right
to a specific portion of the land.
Real Right: A real right would directly attach to a specific thing, like ownership
of the homestead itself. The children have no claim to the land unless it is
awarded to them through the lot drawing process.
Conclusion:
The obligation to pay the R20 000 is a personal right for each of the children. It gives
them a right to claim the money from the child who receives the homestead, but it does
not give them a right to a specific portion of the land.
Important Notes:



This information is for general guidance only and should not be considered legal
advice. It is essential to consult with a legal professional for personalized advice
in specific situations.
The interpretation of the will and its provisions may vary based on specific legal
considerations.
Case law and legislation can evolve, so staying up-to-date on legal developments
is crucial.
Question 3:
Name and discuss the two types of servitudes. In your answer you must indicate: 3.1.1
the similarities of each, (10) 3.1.2 discuss the three characteristics they share; and (10)
3.1.3 any exceptions that may apply. (7)
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Two Types of Servitudes: Personal and Real Servitudes
Servitudes are limited real rights that grant the holder a specific right to use or restrict
the use of another person's property (the servient tenement). There are two main types
of servitudes in South African law:
1. Personal Servitudes: These servitudes are granted to a specific person and are not
transferable to another person. They are usually tied to the individual's life or a
particular event.
Examples:

Right of use: A person may be granted the right to use a specific area of land for

a specific purpose, such as grazing livestock or building a structure.
Right of way: A person may be granted the right to use a path or road on
another person's property for access to their own property.
2. Real Servitudes: These servitudes are attached to the dominant tenement (the
property benefiting from the servitude) and are automatically transferred to any future
owner of that property.
Examples:

Right of way: A landowner may be granted the right to use a specific path or
road on another person's property to access their own property.

Right of drainage: A landowner may be granted the right to drain water from
their property onto another person's property.
3.1.1. Similarities between Personal and Real Servitudes:




Both limit ownership rights: Both types of servitudes restrict the owner of the
servient tenement's rights over their property.
Both are limited real rights: They are not full ownership rights but are limited
in scope, granting specific rights to the holder.
Both are created by agreement: They are typically established by an
agreement between the owner of the servient tenement and the owner of the
dominant tenement (or the individual in the case of a personal servitude).
Both require registration: To be valid, both personal and real servitudes must
be registered in the Deeds Registry.
3.1.2. Shared Characteristics:
1. Indivisibility: Servitudes are not divisible; they cannot be split into smaller
rights. The right granted by the servitude applies to the entire servient tenement.
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2. Inseparability: Servitudes are inseparable from the dominant tenement. They
cannot be transferred or sold separately from the property.
3. Limited duration: Servitudes are typically granted for a specific period, such as
the life of a person, or for a specified event.
3.1.3. Exceptions:

Personal servitudes:

Right of pre-emption: The owner of the servient tenement may be
obliged to sell the property to the holder of the personal servitude if they
decide to sell it.
Real servitudes:
o
o
o
Exemption from registration: Certain servitudes, such as the right of
way for a public road, are exempt from registration.
Unlimited duration: Some real servitudes, like the right to draw water
from a spring, may be granted indefinitely.
Conclusion:
Both personal and real servitudes are valuable legal tools for granting specific rights to
use or restrict the use of land. While they share certain characteristics, they differ in
their application and enforceability. Understanding the distinction between these types
of servitudes is essential for navigating property rights and ensuring that agreements
related to property ownership are legally sound.
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