MAKOLA LEONARD
PVL 1501 1ST SEMESTER ASSIGNMENT 1
Question 1
a. Yes, Synthia has to register the birth of the child because the child was born alive and died
three hours after birth. So in terms of Births and Registration Act 51 of 1992, the Director
General of home affairs must be notified of the birth of every child that was born alive
within 30 days of the child’s birth.
b. No, the child will not be able to inherit from Thomas’s estate because according to
nasciturus fiction if the inheriting nasciturus dies shortly after birth the fiction will not be
employed as only a third party benefits and not the child.
Question 2
Allison will be able to lodge a claim on behalf of the child because the accident occurred at the time
before she was born. The Road Accident Fund v Mtati 2005 (6) SA 215 (SCA) case is applicable in this
scenario.
Question 3
a. Yes, she can terminate the pregnancy, because according to the choice on Termination of
Pregnancy Act 92 of 1996 it states that the minor may not be denied termination of
pregnancy even without a consent of parents.
b. Yes, Dr Coleman may proceed with the termination as pregnancy may be terminated up to
the 20th week if the pregnancy is a result of rape.
c. A foetus does not have any constitutional rights because constitutional rights only apply to
legal subjects and an unborn child is not a legal subject which means the child does not have
any rights prior to birth. In Christian lawyers Association of South Africa v The Minister of
Health, the court rejected that the termination of pregnancy does not contravene with
Section 11 of the constitution because an unborn child does not have rights prior to birth.
Question 4
a. He is domiciled in Durban, because in Nefler v Nefler it was stated that a prisoner who is
serving a life sentence automatically acquire a domicile of choice in prison.
b. Patricia is domiciled in Cape Town because according to the domicile Act 3 of 1992 mentally
incapacitated people retains the domicile they had before becoming incapacitated.
PVL 1501 1ST SEMESTER ASSIGNMENT 1
Question 1
a. Yes, Synthia has to register the birth of the child because the child was born alive and died
three hours after birth. So in terms of Births and Registration Act 51 of 1992, the Director
General of home affairs must be notified of the birth of every child that was born alive
within 30 days of the child’s birth.
b. No, the child will not be able to inherit from Thomas’s estate because according to
nasciturus fiction if the inheriting nasciturus dies shortly after birth the fiction will not be
employed as only a third party benefits and not the child.
Question 2
Allison will be able to lodge a claim on behalf of the child because the accident occurred at the time
before she was born. The Road Accident Fund v Mtati 2005 (6) SA 215 (SCA) case is applicable in this
scenario.
Question 3
a. Yes, she can terminate the pregnancy, because according to the choice on Termination of
Pregnancy Act 92 of 1996 it states that the minor may not be denied termination of
pregnancy even without a consent of parents.
b. Yes, Dr Coleman may proceed with the termination as pregnancy may be terminated up to
the 20th week if the pregnancy is a result of rape.
c. A foetus does not have any constitutional rights because constitutional rights only apply to
legal subjects and an unborn child is not a legal subject which means the child does not have
any rights prior to birth. In Christian lawyers Association of South Africa v The Minister of
Health, the court rejected that the termination of pregnancy does not contravene with
Section 11 of the constitution because an unborn child does not have rights prior to birth.
Question 4
a. He is domiciled in Durban, because in Nefler v Nefler it was stated that a prisoner who is
serving a life sentence automatically acquire a domicile of choice in prison.
b. Patricia is domiciled in Cape Town because according to the domicile Act 3 of 1992 mentally
incapacitated people retains the domicile they had before becoming incapacitated.
