How often Domicile is asked

Where it was asked

What costs marks here

The questions

1. May/Jun 2019, Q62 marks · multiple choice

   This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. The following statements deal with domicile. Indicate which one of the statements is INCORRECT.

2. May/Jun 2019, Q2.1.13 marks

   Question 2 opens by asking candidates to study three domicile scenarios and then answer the questions that follow on each one. Refilwe, aged 21, had been living and working in Cape Town until she was retrenched a month ago. She is currently staying with a friend in Port Elizabeth while she searches for another job. State where Refilwe is domiciled, giving a reason and citing authority for your answer.

3. May/Jun 2019, Q2.1.23 marks

   Question 2 opens by asking candidates to study three domicile scenarios and then answer the questions that follow on each one. Vusi, aged 20, is mentally incapacitated. He was born in Durban and lived there with his parents until they divorced. After the divorce his mother relocated to Polokwane while his father remained in Durban. Since the divorce, Vusi has been cared for by his grandmother, who lives in Modimolle. State where Vusi is domiciled and give a reason for your answer.

4. May/Jun 2019, Q2.1.32 marks

   Question 2 opens by asking candidates to study three domicile scenarios and then answer the questions that follow on each one. Thandi is a 7-year-old girl who was born in Cape Town and lived there with her parents until her father died last year. Following her father's death, her mother moved to Johannesburg, while Thandi has since been living with her aunt in Durban, where she also attends school. State where Thandi is domiciled and give a reason for your answer.

5. May/Jun 2019, Q2.23 marks

   Question 2 opens by asking candidates to study three domicile scenarios and then answer the questions that follow on each one. Although parentage is generally determined by the biological fact of being genetically related to a child, section 1(1) of the Children's Act 38 of 2005 excludes three categories of persons from legally qualifying as a child's 'parent'. Name these three excluded categories.

6. May/Jun 2019, Q2.33 marks

   Question 2 opens by asking candidates to study three domicile scenarios and then answer the questions that follow on each one. The case of YM v LB 2010 (6) SA 338 (SCA) concerns the power of a court to order scientific tests to be carried out on a blood sample or other sample taken from a child in a paternity dispute. In one or two sentences, briefly state what the court held in this case.

7. May/Jun 2019, Q2.44 marks

   Question 2 opens by asking candidates to study three domicile scenarios and then answer the questions that follow on each one. Name the four components that together make up parental responsibilities and rights.

8. May/Jun 2019, Q2.52 marks

   Question 2 opens by asking candidates to study three domicile scenarios and then answer the questions that follow on each one. List two ways in which the status of a child born to unmarried parents can be changed to that of a child born to married parents.

9. May/Jun 2011, QA.82 marks · multiple choice

   This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. A 17-year-old woman concludes a valid civil marriage. Determine where she is domiciled: option 1, at her domicile of choice; option 2, at the place with which she is most closely connected; option 3, at her place of birth; or option 4, at the place where her husband is domiciled.

10. May/Jun 2011, Q2(a)3 marks

    Sipho, a seven-year-old boy, is the child of divorced parents. His father resides in Johannesburg, while Sipho himself lives with his mother in Cape Town. State where Sipho is domiciled and explain your answer, referring to the relevant legal authority.

11. May/Jun 2011, Q2(b)(i)2 marks

    Cathy and Hannah concluded a valid civil union with each other the previous year. They have now become the parents of a baby girl, whom they have named Sally. Sally was conceived through the artificial fertilisation of Hannah, and every party involved consented to the artificial fertilisation procedure. Explain what Sally's legal status is and give a reason for your answer.

12. May/Jun 2011, Q2(b)(ii)2 marks

    Referring back to Cathy and Hannah's situation: would your answer regarding Sally's status differ if Sally had instead been born in 2006, under the same circumstances (a valid civil union between Cathy and Hannah, with Sally conceived through the artificial fertilisation of Hannah with the consent of all parties)? Support your answer with reference to legal authority.

13. May/Jun 2011, Q2(b)(iii)3 marks

    Still considering Sally's birth in 2011 (as described in (i) above), would your answer be any different if, instead of having entered into a civil union, Cathy and Hannah were merely life partners who had never formalised their relationship through a civil union? Explain your answer fully.

14. May/Jun 2011, Q2(c)(i)1 mark

    Margaret and Jonathan married each other in April 2006. Jonathan then worked in Dubai for six months, from April 2008 to September 2008. During this period, Margaret had an affair with Freddy. On 15 November 2008 she discovered that she was 20 weeks pregnant, and the baby was subsequently born on 3 April 2009. Jonathan is aware that he cannot be the biological father, but Margaret has told him that because they are married, the law presumes him to be the child's father and that there is nothing he can do about this. Jonathan has now come to you for legal advice. State the legal principle in terms of which it is presumed that Jonathan is the father of the child.

15. May/Jun 2011, Q2(c)(ii)4 marks

    Using the same facts about Margaret and Jonathan (married in April 2006; Jonathan in Dubai from April 2008 to September 2008; Margaret's affair with Freddy during this time; the pregnancy discovered on 15 November 2008 at 20 weeks; and the baby born on 3 April 2009), advise Jonathan on whether there is any way for him to rebut the presumption of paternity, that is, to prove that he is not the child's father. If such a way exists, discuss all of the options available to him.

16. May/Jun 2011, Q2(c)(iii)2 marks

    Suppose that, on the same facts concerning Margaret and Jonathan, Margaret had instead decided to divorce Jonathan as soon as she discovered she was pregnant, and had then immediately married Freddy before the child was born. In terms of the presumption of paternity, who would legally be regarded as the child's presumed father in these circumstances?

17. May/Jun 2011, Q2(d)3 marks

    The Children's Act 38 of 2005 has replaced the common-law and statutory provisions that previously denied unmarried fathers inherent parental authority. Identify the circumstances, set out in section 21(1) of the Act, under which an unmarried biological father automatically acquires full parental responsibilities and rights in respect of his child.