MRL3702 ASSIGNMENT 2 SEMESTER 1 2025 – FULLY ANSWERED

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MRL3702 Assignment 2 Semester 1 Memo | Due April 2025. All questions fully answered. Mokoko works for Ko-Diplaseng (Pty) Ltd (KD) as a truck driver. He loads and delivers
potatoes to all branches of Mazimba Factories (MF) in South Africa. For long
distances, KD would normally give Mokoko a petty cash to enable him to buy food to
eat when he feels hunger, book a hotel room when he feels tired, and to proceed with
a safe trip the following day when he is refreshed. One day as Mokoko was on his
way to deliver potatoes from Pretoria to Cape Town he noticed a lady with ababy on
her back walking alongside the road between two remote towns. Out of sympathy,
Mokoko stopped and gave the lady a lift. When they got to the next town, dusk had
fallen, and he decided to take a fifteen kilometers detour, just to make sure that the
lady and her baby arrived safely at home. Due to poor lighting in the village, Mokoko
could not see a donkey cart entering the road and he hit it. As a result, the truck and
the cart were damaged and the legs of the two donkeys which pulled the cart, were
broken. A veterinarian report indicated that the donkeys would no longer be of any
use because of their injuries. The owner of the cart, a 58 years old, Radipitsi who is
unemployed and relied on cart services he offered to the locals to survive, wants the
truck driver to pay the cost of both the damaged cart and injured donkeys to the value
of R150 000.00. Radipitsi has lost a source of his income and Mokoko is not in a
position to compensate Radipitsi.
Answer the following questions with reference to the applicable legal authority:
(i) Advise Radipitsi of the applicable labour law principle that he may rely on
to successfully claim for his loss and how that principle works. (5)
(ii) What could be a possible defense by KD against the use of the principle in
(i). (2)
(iii) Assuming that the principle in (i) is used successfully, discuss whether KD
will automatically be entitled to make deductions from Mokoko’ salary to
cover the cost it incurred in (i) and why? (3)
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