SCL1501 ASSIGNMENT 1 SEMESTER 1 2025

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SCL1501 ASSIGNMENT 1 SEMESTER 1 2025

QUESTION 1
a) Refer to Learning Unit 1 and explain the notion of “social contract.” (4)
b) What is “banking education”? Further indicate why, in terms thereof, “the student is reduced to the level of an unthinking object with no views, values or capacity to engage with the facts”. (4)

QUESTION 2
On 06 January 2024, a budding music duo based in Wadeville Pretoria West, DJ Letsatsi & Lonza, borrowed the amount of R12 000, 00 from Mr Black Koto, a local businessman. The duo promised to pay the amount by end of November 2024 after promoting their hit song, “Mpeteni dololo” for the December festive period. It is now January 2025 and DJ Letsatasi & Lonza have failed to pay over this amount to Black Koto after numerous reminders. Black Koto wants his money from the duo but does not want to involve lawyers and wants to recover his money expediently without any delays. Read Learning Unit 5 and answer the following questions:

a) Do these facts give rise to a civil or criminal case? Give reasons for your answer. (4)

b) Advise Black Koto on the appropriate and competent court that can adjudicate his case and give reasons for your answer (4)

QUESTION 3
Applying a legal principle to a problem will be expected of you throughout your career as a legal practitioner.
a) In light of the above statement, briefly discuss the process involved when applying the law to a legal problem. Refer to Learning Unit 4.6 (6)
b) Read the section on “finding an Act of Parliament” (Learning Unit 3) and then find any Act of Parliament. With reference to that Act, answer the following:
(i) What is the underlying philosophy of that Act? (2)
(ii) State, in full, the purpose of the Act? (2)
(iii) On which date is/was the Act effective? Explain. (2)

QUESTION 4
Ms. Moko is suing her former employer, MBC Pty Ltd, for wrongful termination of employment. She claims that she was dismissed without notice or valid reason after raising concerns about workplace safety violations. During the trial, Ms. Moko’s legal
team called her to the stand to testify about her employment history, the events leading to her dismissal, and the safety violations she reported. Afterward, MBC Pty Ltd’s lawyer questions Ms. Moko, attempting to challenge her testimony. Following her responses to MBC Pty Ltd’s lawyer, Ms. Moko’s legal team poses brief questions to her again. After all the evidence and testimonies have been presented, both legal teams argue the case before the court. Ultimately, the presiding officer reserves judgment.
You are part of Ms. Moko’s legal team, and she approaches you to explain why she was subjected to so many questions by both legal teams and why they argued the case in court.
In light of the above scenario, advise Ms. Moko and explain the process/steps followed during her trial. (8)

QUESTION 5

a) Mr Siyamthanda Ngalo purchased a Range Rover last week for R980 500 (VAT incl). While driving along the N8 Road from Kimberley to Campbell, he collides with Ms Lerato Mopedi who is the owner-driver of a Porshe Cayenne. Ngalo is 21% negligent, whereas Mopedi is 30% negligent. The damage to the Range Rover is estimated at R125 000.00. It is uneconomical to repair the Porsche, but its salvage value is R120 000.00. The pre-accident value of the Porsche was R985 000.00. With reference to the damages to Mr Ngalo and Ms Mopedi’s motor vehicles, calculate who must pay whom, and what would be the amount in damages. (4)

b)Rachel Witbooi approaches Mr White Attorneys, an attorney at Dirkie White Attorneys, a law firm in the small town of Danielskuil in the Northern Cape, to assist her with her legal claim for damages resulting from her dispute with Ms Cherise Sal. The agreed remuneration is as follows:
Every letter written R120
Every letter received R 80
Drafting of summons R 1250,00
Drafting of an affidavit R 90,50 per page or any part thereof
Telephonic consultations R150,50 per 10 minutes or any part thereof
Consultation R1500,00 per 30 minutes or any part thereof
Stamps R3,50 VAT excl
VAT @ 15%
During the past month the attorney rendered the following services:
Received 10 letters
Wrote and posted 8 letters
Drafted four affidavits: 1 consisting of 2½ pages, 1 consisting of 4½ pages and 2 consisting of 5½ pages each
Consulted thrice telephonically: first for 23 minutes, second for 22½ and later for 35 minutes
Consultation twice: first for 30 minutes and later for 3½ hours
Instructed an advocate to draft a pleading. The Advocate charged R3220, 00 VAT excl
He referred the client to Postmansburg Private Hospital, to consult a specialist at a cost of R3347,50 VAT excl.
In light of the above facts, draft Dirkie White Attorneys’ comprehensive statement of account to Rachel Witbooi.