Question 1 (Marks: 10) State whether the matter below is a private or public law matter and provide a reason for your answer. Q.1.1 Thembelihle is a teacher at a public-school. On her way to work, she is involved in a car accident with a City of Johannesburg bus. Thembelihle wants to sue the municipality for damages to her vehicle because of the accident. (2) Q.1.2 Suppose that Thembelihle dies in the accident described in Q.1.1 above. The accident was because of the negligence of the bus driver and the driver is subsequently charged with culpable homicide. (2) Q.1.3 A well-known church leader in Bloemfontein was recorded preaching a strongly homophobic sermon in which he urges his congregation, and the population at large, to stone all homosexuals in the street. The preacher defends his actions under Section 16 of the Constitution, which states that everyone has the right to freedom of expression. (2) Q.1.4 The issue around the protection of private information relating to the funding of political parties comes before the Constitutional Court. (2) Q.1.5 Susan, a senior citizen, is admitted to a state hospital for a minor surgery. Due to the gross negligence of the doctors, she suffers a stroke and ends up in a vegetative state. Her only daughter sues the state for damages. (2) Question 2 (Marks: 10) State which court will have jurisdiction to hear the case and provide a reason why. Students are not required to mention the specific court (i.e., Johannesburg High Court), it is sufficient to mention the court in general (i.e., High Court). Q.2.1 Enhle is an aspiring actress, and she enters a contract with Malusi, a professional photographer, to do a photo shoot at the price of R9000. Enhle wants to sue Malusi for breach of contract as Malusi has not delivered the photographs six months after the date of the photo shoot. (2) Q.2.2 Dennis and Betty want to get divorced, and the value of their joint estate is R3 million. (2) Q.2.3 Three senior members of the Rolex Gang are arrested for armed robbery and murder. (2) Q.2.4 Employees of Anglo-American Pty Ltd wish to sue the company for dismissing them on the grounds of refusing to take the COVID-19 vaccination. (2) Q.2.5 Would the Constitutional Court be able to hear the matter in Q.2.4 above? (2) Question 3 (Marks: 30) Q.3.1 Explain the ways in which the jurisdiction of the Small Claims Court is limited. (5) Q.3.2 Justify the view that the ratio decidendi aspect of a court judgement is a source of law. (5) Q.3.3 Discuss the legal validity of each of the following agreements. Q.3.3.1 Dimpho is 16 years old and sees that his neighbour, Sally, has advertised his Mac Airbook for sale for R7 000. Sally and Dimphos mom have been friends for years and are in the same bookclub, amongst other things. One day while his mother is out, Dimpho goes next door to Sally and tells her that his parents have given permission for him to buy her laptop and that his mother will go over to Sally to pay her the following day. Dimpho is hoping that once he has the laptop in his possession and owes the money, that his parents will be too embarrassed not to pay Sally. Sally allows Dimpho to take the laptop with him as she has known the family for years and trusts that she will receive payment. In his excitement, Dimpho takes the PC to a friends house to play on. While there he goes to the bathroom, leaving the laptop temporarily unattended, his friends two-year-old brother messes a sippy cup of juice across the keyboard (10) and the laptop is damaged. Dimphos parents are furious with him and refuse to pay Sally for the laptop. Dimpho is forced to return the broken laptop to Sally. Sally wants to sue for breach of contract to receive the R7 000. Q.3.3.2 Jeremy is a pharmacist. He enters a contract with Brook. Brooks husband is terminally ill with an incurable disease and has been suffering for over seven years. She cannot bear to watch him in such agony and wants him to be free of his suffering. Brook agrees to pay Jeremy R50 000 for providing her with drugs that she will administer to her husband to cause him to die in a painless manner. Brook deposits R25 000 into Jeremys account and agrees to pay the remaining R25 000 on the day of her husbands death. Her husband does not pass away peacefully as planned, but instead becomes more ill. Brooke demands her R25 000 back from Jeremy. (10) Question 4 (Marks: 30) Q.4.1 Judy has a massive oak tree in her garden that she loves. Her neighbours have complained because some of the branches extend and hang over the wall onto their property and are in the way of the alarm beams that surround the outside of their house. As such, every time the wind blows slightly the branches move and set their alarm off in the middle of the night This happens at least two or three times a week. Judys neighbours ask her to have the branches cut back so that they do not interfere with the alarm system. Judy refuses and says that it is not her responsibility. The neighbours argue that Judy is legally responsible to fix the situation. They want to take Judy to court to force her to remove the branches or to pay for them to be properly removed. Advise Judys neighbours on the procedure that should be followed to bring the matter before court. (15) Q.4.2 Your best friends from high school, Jessy and Ben, are getting married. They have heard that being married in community of property is the default matrimonial property regime in South Africa. Advise the couple on the matrimonial regimes available to them, including the advantages and disadvantages associated with each. (15) Question 5 (Marks: 40) During the civil unrest of 2021 which saw the large-scale looting of shops, many people were unable to access essential products such as bread. This inspired Kenneth to start his own bakery. To start the business, Kenneth loaned R270 000 from his aunt (who is a successful businesswoman in her own right). Three months after starting his business, Kenneth was awarded a tender by the Department of Education to supply public schools in his community with bread as part of a feeding scheme. Kenneth will provide various schools with bread for a six-month period at a cost of R90 000. Kenneth wants to give up his personal right to receive payment from the department of education to his aunt as partial settlement for the principal debt. Q.5.1 Identify the type of contract that Kenneth would need to enter into to give effect to his plan. (2) Q.5.2 Using the correct legal terminology, name the parties to the agreement in Q.5.1 above. (4) Q.5.3 Discuss the legal nature of the agreement identified in Q.5.1 above. (7) Q.5.4 Advise Kenneth on whether the legal requirements for such an agreement have been met. (7) Q.5.5 What are the legal consequences of such an agreement? (2) Q.5.6 Are there any circumstances under which this type of agreement will be prohibited? (6) Q.5.7 Differentiate between the two forms that the agreement identified in Q.5.1 may take. (12)