Description
Assignment 01 – Semester 2
1.
You are a recently admitted legal practitioner practising as an advocate in terms of the Legal Practice Act, 2014. On the afternoon of 26 June 2024 at around 7am in Bryanston, Johannesburg, Mr M is on his way back home from a run when he got hit by Mr. Deen Ros, driving a 4/x4 Bakkie motor vehicle with registration number DR 482 RR GP. The collision occurred on the side of the road a few metres from the house owned and registered in the name of Mrs M, the wife of Mr M. and this is after Mr. Ros had lost control of the motor vehicle which also resulted in him colliding with a boundary wall of the house owned by Mrs M. Mr M suffered a broken leg because of the collision and now seeks to institute a claim for damages against Mr. Dee Ros, including medical costs in the amount of R130 000,00. The costs to repair the damage to the wall was quoted to Mrs M as amounting to R68 000,00 and she seeks to institute legal action for these damages as well.
Mr M and Mrs M now approach you for advice following a referral from a mutual friend and Mr M’s instructions are for you to institute legal action against Mr. Deen Ros for his negligent driving that resulted in the personal injury damages he has suffered, and Mrs M seeks to sue for the costs to repair the damages to the boundary wall of her property.
(a)
Discuss whether the Road Accident Fund can be approached in this matter involving Mrs M. (6)
(b)
Discuss the type of summons that will be used to institute both of Mrs M’s and Mr. M and Mrs’ claims respectively (6)
(c)
Draft the pleading referred to in (b) above for each of the claims; It must include inter alia, a heading, the description of the parties, their locus standi (if applicable), the court’s jurisdiction, material facts and the prayer for each of the claims (12)
Refer to chapters 5 and 6 of the prescribed textbook
(d)
Critically discuss the purpose and objectives of your interview and the aim of exchanging pleasantries with Mrs M during the interview (6)
(e)
Explain the different categories of legal practitioners in practice and indicate as part of your answer, the rules of the profession in terms of the Legal Practice Act, 2014 that you will be required to comply with before you can be able to assist Mrs M directly without an attorney (6)
Total for Assignment 01: [30]
Assignment 02 – Semester 2
1. D is arrested on a charge of murder. He was seen by eye- witnesses stabbing the deceased in an altercation, and thereafter fleeing the scene. D was arrested by the police at his house. He thereupon phones his attorney BX from the police holding cells and says to him: “I have been arrested, please get me out of jail.”
Critically discuss whether prosecutorial bail may be applied for the release of the accused, D in this instance.
2. A defence lawyer Mr. Danny Cane realises that his client’s plea of guilty in terms of section 112 of the Criminal Procedure Act, 1977 is incorrect because it does not contain a valid defence to the charge of theft. Discuss whether Mr. Cane can correct his client’s plea. (5)
3. Discuss whether the credibility of a witness will influence a section 174 discharge application in terms of the Criminal Procedure Act, 1977. (5)
4. A defence lawyer consults with his client in the presence of supporting defence witnesses. Discuss the impact of the cautionary rule on this consultation process.
5. Your client, Assault Masina is arrested on a charge of assault with the intention to do grievous bodily harm (GBH). He advises you that he is not guilty. The evidence against your client is that he was seen by witnesses assaulting the victim, Jules Kat with a knobkerrie. The incident took place on the 30 June 2024 near Mamelodi East, Pretoria in the Regional Division of North Gauteng. The victim was hospitalised as a result of his injuries.
Your client instructs you, his attorney, to tender a plea of not guilty on his behalf. Draft your client’s plea of not guilty in terms of the relevant section of the Criminal Procedure Act 51 of 1977. (10)
Onjica33 –
Good
Monica44 –
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