TLI4801 May June Portfolio Exam (FULL ANSWERS) Semester 1 2026 - DUE 26 May 2026

TLI4801 May June Portfolio Exam 2026 THE QUESTION PAPER: QUESTION 1: CIVIL PRACTICE 1.1 On 01 August 2025 Zee Man, a businessman and sole owner and director of Zema Plastics (Pty) Ltd (“Zema Plastics”), a plastic bottle manufacturing business based in Pretoria North, entered into a purchase and sale agreement with Maneq (Pty) Ltd (“Maneq”), a supplier and distributor of plant and machinery used for the manufacture of plastic bottles, for the supply and delivery of 2 heavy duty machines to Zema Plastics for a cash price of R10 000 000,00 payable over a period of 6 months in 6 equal monthly instalments. The machines were duly delivered to Zema Plastic and then used by the company. Due to several cash flow challenges, Zema Plastic became unable to settle the last instalment owing to Maneq and despite several verbal assurances made by Mr. Zee Man to the CEO of Maneq, Mr. Drew Case, the amount remains outstanding. You are approached by Mr. Case acting on behalf of Maneq for legal advice or assistance regarding the proceedings that the company seeks to institute against Zema Plastics for payment of the outstanding amount. Answer all the following questions, using proper references in footnotes. Note: In your answers, you are required to make up facts to supplement the given facts of the case in so far as your own rendition does not detract from the core issues. (a) The client is of the view that the matter is straightforward and should be resolved fairly quickly, seeing that there is only one payment outstanding and now seeks advise on whether a mere letter would be sufficient to resolve it. You are required to advise the client on the (i) the effectiveness or not of this approach (3 marks) and (ii) you must prepare the requisite letter to be delivered to Zema Plastics. (3 marks) (6) (b) Assume that there is no positive response to the letter and the client wants to proceed further with the claim through instituting court proceedings. Discuss the type of court proceedings that will be used by Maneq (Pty) Ltd to claim payment of the outstanding amount. (4) (c) Discuss whether Maneq (Pty) Ltd can proceed with summary judgment against Zema Plastic should Zema Plastic enter an intention to defend. (4) (d) Assuming further that there is no application for summary judgment, name and discuss the pleading that must be drafted by the plaintiff in response to the defendant’s intention to defend the matter. (4) (e) Draft the pleading referred to in (c) above. It must include, inter alia, a heading, the description of the parties, their locus standi (if applicable), the court’s jurisdiction, and material facts and prayer (20) (f) Lastly, Maneq (Pty) Ltd requests your advice about a suitable ADR (alternative dispute resolution) mechanism that may be used to resolve the dispute with Zema Plastic expeditiously. Discuss briefly the most suitable ADR mechanism that can be used to [50] QUESTION 2: CRIMINAL PRACTICE 1. Your name is Attorney Vinto. You are drafting a section 105 agreement for your client, Bright Moon, who is arrested on a charge of assault with the intention to do grievous bodily harm (GBH). (a) What does section 105A of the Criminal Procedure Act 51 of 1977 address? Discuss. (4) (b) Name the parties that form part of the section 105A process. (4) (c) Briefly discuss the sentencing agreement in terms of section 105A 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 in so far as your own rendition does not detract from the core issues. 2. Critically discuss this statement: “A party is not permitted to cross-examine their own witness unless the witness is declared as uncooperative”. You must also refer to relevant case law in your answer. (10) 3. The accused instructs you as his attorney that he “is guilty of killing the deceased”. Discuss your approach in drafting a plea in terms of: (a) section 112(2) of the Criminal Procedure Act 51 of 1977 (6) (b) sections 115 and 220 of the Criminal Procedure Act 51 of 1977 (7) 4. Three suspects, True Grit, Gregor Puyt and Fin Graynor, who are former executives of Triumph Bank (“Bank” or Triumph Bank”), are arrested and brought to court to face charges of fraud, theft and bribery. This follows the disappearance of an amount of R500 million from the Triumph Bank account. The amount represents the deposits made by depositors and clients into Triumph Bank. You represent Mr. Fin Graynor, the former Chief Financial Officer of the Bank. Your client informs you that he was initially approached by one of the co-accused, Mr True Grit, the CEO of Triumph Bank at the time, to move clients’ deposits from the bank’s accounts and use it to pay some identified third parties employed by various government departments as bribes to these third parties for them to ensure that these entities make deposits of their