FALA7311T1a WUS S1
FALA7311T1a WUS S1
FALA7311T1a WUS S1
22; 23 2022
MODULE NAME: MODULE CODE:
FAMILY LAW FALA7311
FAMILY LAW FALA020
ASSESSMENT TYPE: TEST (PAPER ONLY)
TOTAL MARK ALLOCATION: 60 MARKS
TOTAL HOURS: 1 HOUR (+5 minutes reading time)
INSTRUCTIONS:
1. Please adhere to all instructions in the assessment booklet.
2. Independent work is required.
3. Five minutes per hour of the assessment to a maximum of 15 minutes is dedicated to
reading time before the start of the assessment. You may make notes on your question
paper, but not in your answer sheet. Calculators may not be used during reading time.
4. You may not leave the assessment venue during reading time, or during the first hour or
during the last 15 minutes of the assessment.
5. Ensure that your name is on all pieces of paper or books that you will be submitting. Submit
all the pages of this assessment’s question paper as well as your answer script.
6. Answer all the questions on the answer sheets or in answer booklets provided. The phrase
‘END OF PAPER’ will appear after the final set question of this assessment.
7. Remember to work at a steady pace so that you are able to complete the assessment within
the allocated time. Use the mark allocation as a guideline as to how much time to spend on
each section.
Additional instructions:
1. This is a CLOSED BOOK assessment.
2. Dictionaries are not allowed.
3. Calculators are allowed.
© The Independent Institute of Education (Pty) Ltd 2022
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Question 1 (Marks: 20)
Q.1.1 Our law now makes provision for and recognises a number of different types of (10)
family. While the nuclear family remains important and worthy of protection,
importance and protection have been extended to other types of family
relationships.
Discuss the above statement by examining the Constitutional Court case of
Dawood v Minister of Home Affairs; Shalabi v Minister of Home Affairs; and
Thomas v Minister of Home Affairs. Your answer must include a discussion of the
importance of family.
Eight marks will be allocated for the discussion.
Two marks will be allocated for skill.
Q.1.2 The Legislature has extended the scope of marriage beyond the realm of (10)
monogamous civil marriage between one man and one woman concluded in terms
of the Marriage Act. Two major developments have been to broaden the concept
of a marriage from a monogamous heterosexual arrangement to include same‐sex
and polygynous unions. Discuss the relevant legislation and how the ‘increased
scope’ has been achieved.
Eight marks will be allocated for the discussion.
Two marks will be allocated for skill.
Question 2 (Marks: 20)
Q.2.1 Tariq proposes marriage to Sofia on her Facebook page. She accepts his offer to (10)
marry by replying with an SMS. Discuss fully if and when the engagement will be
complete and valid, given the fact that the couple were not face‐to‐face when the
offer and acceptance occurred.
© The Independent Institute of Education (Pty) Ltd 2022
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In your answer, and in light of the relevant theory, discuss the validity of this
contract. Also discuss the relevance of them not speaking in person at all about
the engagement.
Eight marks will be allocated for the discussion.
Two marks will be allocated for skill.
Q.2.2 Assume for this question only that Tariq lent his phone to his cousin Shuaib. It was (10)
in fact Shuaib who proposed to Sofia. Sofia thinks that she has concluded the
engagement agreement with Tariq but in reality, it is with Shuaib. Discuss the
validity of the engagement contract.
Eight marks will be allocated for the discussion and two marks for skill.
Question 3 (Marks: 20)
Lawfulness is one of the requirements for a valid engagement and requires that both parties must
be unmarried at the time that a proposal is made and accepted. Assume for this question that
Tariq was still married to Munirah at the time he proposed to Sofia. Sofia was aware that Tariq
was married and had introduced Tariq to her lawyer, whom Tariq had instructed to commence
divorce proceedings against Munirah. Sofia bought Tariq a Breitling watch as a sign of her
commitment to him and gave him R50 000 in cash. After living with Sofia for a month, Tariq
changed his mind; returned to the marital home of Munirah; and refused to return the watch and
the money to Sofia. May Sofia sue Tariq for the return of gifts? How would the courts deal with
such a matter?
With reference to the above facts, discuss how the courts first in Friedman v Harris 1928 CPD 43
and then later in Jajbhay v Cassim 1939 AD 537 differently dealt with the par delictum rule. In
your answer, set out the differing consequences that might follow the application of each case to
the facts.
15 marks will be allocated for discussion of the facts of each case and application.
5 marks will be allocated for skill.
END OF PAPER
© The Independent Institute of Education (Pty) Ltd 2022
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