QUESTION $1[10$ Marks$]$

In the wake of a global multi$-$disciplinary sporting event which takes place every $4($four$)$ years, allegations are made regarding the sex of a few of the athletes. The allegations include that the persons purported to be participating in the alleged sporting codes are not cis$-$gender women but rather cis$-$gender men and are competing in the women$$s events to gain an unfair advantage. A well$-$known author, Terf McKesson, publishes on her social media account, $$Does $$it$$ know what a tampon is$?$ with a picture of the athlete, Jamie. Determine whether and how Jamie's personality rights may have been violated.

QUESTION $2[10$ Marks$]$

Take the facts in question $1$ again and suppose Jamie decides to take legal action

against Terf McKesson. Are there any grounds on which Terf McKesson can resist the claim?

The answer needs to be in reference to the South African law of delict $($focus on the delictual principles$)$ which needs to incorporate the boni mores of society as well as the remedies and grounds of justification available. Important case law such as Kumalo v Cycle Labs, Citizen v McBride and Le Roux v Dey are a few cases which pertain to personality rights. Its also important to include scenarios pertaing to a famous athlete Caster Semenya who is victim to similar issues like these questions. And another apsect to mention is when the author J K Rowling made transphobic comments on social media. Please incorporate these aspects.