TLI4801 October/November 2024 | Due 22 October 2024

Description

TLI4801 October/November 2024 | Due 22 October 2024. All questions answered with references. QUESTION 1: CIVIL PRACTICE [50]
Question 1.1
Ms. Bright Lesedi is a businesswoman from Bela-Bela. She runs a business that manufactures furniture. On 20 April 2024 she purchased raw material from Olive Woods Furniture (“Olive Woods”), a furniture material factory in Pretoria, for an amount of R180 000,00. The material was delivered by Olive Woods and a copy of the invoice was handed to Ms. Lesedi, who then neglected to pay for the material within the 30-day period provided for in terms of the invoice. Despite repeated requests by Olive Woods, Ms. Lesedi did not settle the amount. Olive Woods wants to sue Ms. Lesedi for the outstanding amount. The owner of Olive Woods approaches you for legal advice regarding the proceedings to be instituted against Ms. Lesedi. (1) THE PAPER CONSISTS OF TWO QUESTIONS, NAMELY QUESTION 1 ON CIVIL PRACTICE, and QUESTION 2 ON CRIMINAL PRACTICE. BOTH QUESTIONS ARE COMPULSORY. (2) THE ANSWERS IN THIS QUESTION PAPER ARE TO BE OBTAINED FROM YOUR PRESCRIBED STUDY MATERIAL, namely, the prescribed textbook, CG Marnewick Litigation Skills for South African Lawyers, 4th edition, (2019 LexisNexis), additional resources material and tutorial letter 201. You may consult other sources provided that they are properly referenced. (3) YOU ARE REQUIRED TO EXHIBIT YOUR OWN INITIATIVE WHEN ANSWERING QUESTIONS, IN ORDER TO SHOW THAT YOU UNDERSTAND THE CONTENT. IN OTHER WORDS, YOU MUST, AS FAR AS POSSIBLE, USE YOUR OWN WORDS WHEN WRITING YOUR ANSWERS. THE WORD-FOR-WORD REGURGITATION OF ANSWERS FROM THE STUDY MATERIAL WILL NOT BE REWARDED WITH FULL MARKS. (4) THE ANSWERS MUST BE WRITTEN OR TYPED. YOUR COMPLETED ANSWERS MUST THEN BE CONVERTED INTO PDF FORMAT AND SUBMITTED ONLINE IN THE SAME MANNER THAT YOU SUBMIT ALL OTHER ASSIGNMENTS ONLINE.
TLI4801/202/2/2024
6
Answer the following questions, using proper references. Note: In your answers, you are required to make up facts/create facts to supplement the given facts of the case as long as your own rendition does not detract from the core issues.
a) Discuss the type of summons that Olive Woods will use to recover the outstanding amount (4)
(b) Draft the summons chosen in (a) above. (10)
(c) The owner of Olive Woods requests your advice regarding a suitable ADR (alternative dispute resolution) mechanism to resolve the dispute with Ms. Lesedi expeditiously. Advise the owner of Olive Woods appropriately. (10)
(24)
Question 1.2
(a) Discuss what you understand by the term “heads of argument”. (3)
(b) Critically discuss how an attorney or advocate may deal with the issue of submitting heads of argument late in court. (5)
(c) Mr. Brickor Newmark, a defence attorney, commences his first trial in court A at the Randburg Magistrates’ Court. During the trial, he continuously uses statements like “Please bear with me, your worship” and “please overlook my mistakes, I am new at this!” when addressing the presiding officer. Critically discuss the impact of the above statements on the defendant’s attorney’s performance and confidence in court. (5)
(d) It has become common practice for attorneys to use emails and text messages to advise their clients. Discuss the proper use of such emails and text messages by attorneys in practice. (3)
(e) Critically discuss the role and liability of the Legal Practitioner’s Fidelity Fund in addressing pecuniary loss suffered by clients because of the actions of their legal practitioners. You must refer to relevant legislation in your answer. (10)
(26)
[50]
QUESTION 2: CRIMINAL PRACTICE [50]
1.
Your client, Skelm Kapi, who is arrested on a charge of theft, advises you that he is not guilty. The evidence against your client is that he was the only parking attendant at a designated parking at the Glen shopping Centre in Faerie Glen, Pretoria. On that particular day, Mr. Deen Honest’s car was broken into and his laptop and personal items, including his wallet and cell phone, were stolen from his vehicle. The incident occurred on 15 August 2024, within the jurisdiction of the Regional Division of North Gauteng.
TLI4801/202/2/2024
7
Your client denies that he committed the theft or that he acted unlawfully and intentionally. Therefore, he instructs you, his attorney, to tender a plea of not guilty on his behalf.
a)
Draft your client’s plea of not guilty in terms of the Criminal Procedure Act 51 of 1977 (10)
b)
Discuss the implications of not preparing or drafting a not guilty plea/statement in terms of the Criminal Procedure Act 51 of 1977. (4)
Note: In your answer, you are required to make up facts to supplement the given facts of the case as long as your own rendition does not detract from the core issues. (14)
2.
An attorney, Mr. Integrity, arrives late at court. He rushes into the courtroom. He is wearing an orange shirt and tie with Disney characters, black pants and sandals. His general appearance is disheveled. The presiding officer, prosecutor, witnesses and court officials were kept waiting for 40 minutes for Mr. Integrity to arrive so that the trial could commence. Mr. Integrity informs the presiding officer that he was unexpectedly delayed at home by pressing personal commitments. He makes a ribald joke about “demanding spouses and offspring”. Discuss whether Mr. Integrity’s conduct conforms to acceptable court etiquette. (10)
3.
Critically discuss the use of alternative dispute resolution strategies by prosecutors in criminal trials. (8)
4.
Mr. Jones informs his attorney, Mr. Ever Ready, that he has been admitted to hospital to undergo a hernia operation. As a result of this, Mr. Jones cannot attend his trial that is scheduled for later that week. Critically discuss whether Mr. Ready can apply for an adjournment of his client’s trial. (8)
5.
Critically discuss the discretionary role of the court to grant a section 174 discharge. Motivate your answer by referring to relevant case law. (10)
(36)
[50]
TOTAL: [100]