CRW1501 Assignment 01.

CRW1501 Assignment 01. Introduction To The General Principles Of Criminal Law. the functions of the South African Legal Practice Council is to regulate the affairs of legal practitioners and to set norms and standards; and to provide for the admission and enrolment of legal practitioners; and to regulate the professional conduct of legal practitioners so as to ensure accountable conduct; and to provide for the establishment of an Office of a Legal Services Ombud and for the appointment, powers and functions of a Legal Services Ombud; and to provide for a Legal Practitioners’ Fidelity Fund and a Board of Control for the Fidelity Fund; and to provide for the establishment, powers and functions of a National Forum on the Legal Profession; and to provide for matters connected therewith. Question 2 A music duo based in Tzaneen, DJ Letsatsi & Lonza, borrowed the amount of R14 999, 99 from Mr Black Koto of LaMmatau Tavern in Lephepane in April 2018. The duo promised to pay the amount by end of November 2018 after promoting their hit song, “Mpeteni dololo” for the December festive period. It is now March 2018 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 of your study guide and answer the following questions. 2.1 Do these facts give rise to a civil or criminal case? Give reasons for your answer. (4) Answer This is a civil case. Civil law protects the rights of an individual from being tampered with (disturbed) by another member of the community. 2.2 Advise Black Koto on the appropriate and competent court that can entertain his case and give reasons for your answer. (4) Answer If, through the civil courts of course, the said person is found to have committed the delict, the courts may grant an order to restore the rights of the offended party or person. Where the criminal courts speak of guilt and punishment, the civil courts speak of liability of the person in the wrong to the person who is wronged. Question 3 “Experiencing sublime happiness makes a complete human being” (Prince Mashele, Sowetan Monday April 16 2018) Why do I live? In other words, what is the purpose of life? Few people have taken time to reflect on this fundamental question….wittingly or not, we all conduct our lives according to a vision that responds to the very same question. Why do I live? Almost all people in the world think that they live for one of three reasons. There is a category of humans who answer the question saying, “I live because I am not dead”. For such people, no grand purpose directs life; you take each day as it comes, and you stop living the moment your body stops breathing - that’s all. They may not realise it, but those who think like that essentially see nothing different between we humans and animals. No goat thinks that life has a purpose. Debating with people who do not differentiate themselves from animals would be total madness. 3.1 Explain how the above extract relates to the notion of a “subjective being” as discussed in “Learning Unit 2” of your study guide”. Answer Witnesses or clients are human beings (subjective beings). They are not only aware of our attitudes to them during interviews, but also sensitive. 3.2 Discuss the above extract with reference to Paulo Freire’s views on education (4) Answer Paulo Freire speaks of the notion of praxis (that is, action and reflection). In terms of this concept, every aspect of thinking or knowledge should be accompanied by action or application. In this regard, there is a need for continuous thinking about our practice, and also continuous application of what we know (i.e. the theory). What is actually required, according to Freire, is active reflection and reflective action. This view of learning and teaching encourages the integration of theory and practice, or the blending of knowledge and the relevant skills. For us, this idea is most relevant to the study of law and its practice. We hold the view that it is quite futile to have all the facts or knowledge if that knowledge cannot be applied when the practical situation and surrounding circumstances require (or demand) it. Question 4 Thomas Sankara approaches Mangaliso Sobukwe of Azania Attorneys, an attorney at law practising in the City of Madikizela-Mandela, to assist him with his claim for damages resulting from his dispute with Muntu ka Myeza. The agreed remuneration is as follows: Every letter written R105,50 Every letter received R87, 25 Drafting of summons R1115, 65 Drafting of an affidavit R88,50 per page or any part thereof Telephonic consultations R119,50 per 10 minutes or any part thereof Consultation R977,00 per 30 minutes or any part thereof Stamps R7,25 VAT excl During the past month the attorney rendered the following services: Received 11 letters Wrote and posted 9 letters Drafted four affidavits: 1 consisting of 1½ pages, 1 consisting of 2½ pages and 2 consisting of 4½ pages each Consulted thrice telephonically: first for 23 minutes, second for 11½ and later for 36 minutes Consultation twice: first for 33 minutes and later for 2½ hours Instructed an advocate to draft a pleading. The Advocate charged R2125, 00 VAT excl He referred the client to Nomzamo Clinic in the City, to consult a specialist at a cost of R3247, 50 VAT excl. Draft Mangaliso Sobukwe of Azania Attorneys’ comprehensive statement of account to Thomas Sankara. (10) Our ref: Your ref: Date: MESSRS AZANIA ATTORNEYS c/o Mangaliso Sobukwe Dear Mr Sobukwe, RE: STATEMENT OF ACCOUNT Services Rendered Fees (VAT excl) Expenses (VAT inc) 11 letters received 959.75 9 letters written and posed 949.50 65.25 4 affidavits drafted 1327.50 3 telephonic consultations 1075.50 2 consultations Advocate fee 2125.00 Specialists fee (Nomzamo Clinic) 3247.50 Subtotal 9684.75 65.25 Plus Vat 1462.50 Plus expenses 65.25 Total amount due by you to date 11212.50 Question 5 Gardee purchased a Porsche Cayenne last week for R1000 000 (VAT incl). While driving from the Mbombela-Nelspruit area in Mpumalanga, he collides with Mabuza, who is the owner-driver of a Jeep. Gardee is 15% negligent, whereas Mabuza is 43% negligent. The damage to the Porsche is estimated at R356 000.00. It is uneconomical to repair the Jeep, but its salvage value is R118 000.00. The pre-accident value of the Jeep was R399 000.00. With reference to the damages to Gardee and Mabuza’s motor vehicles, calculate who must pay whom, and what would be the amount in damages. (4) PART B: COURT OBSERVATION This part of the assignment requires you to visit a court of law (magistrate/high) in your area and attend a real court case to make observations. Before undertaking this project, make sure that you have at least gone through Learning Unit 4 (communication and litigation skills) and Learning Unit 5 (legal actors) in your study guide. These learning units will give you an overview of the various role players and their functions in various courts. As you visit the courts, you should consistently relate your observations to the content of the two learning units and the Legal Practice Act 28 of 2014. Take note of what actually transpires during the proceedings and record the details in your notebook or study file. This is what you need to consider:  Prior to your court observation, make arrangement with (or visit) the clerk of court/registrar or court manager and introduce yourself. Politely ask him/her to allow you observe a real case as part of your legal studies. (Note that these court officials can be extremely busy, so you have to make prior arrangements with them.)  Type of case: civil or criminal etc.  The parties (persons involved in the matter or dispute).  The various role players and their names (including court officials, presiding officer, legal representatives, prosecutor, witnesses etc).  The clerk of court/registrar (who should also sign your observation sheet and stamp it. See item 12 of the observation sheet).  Case name/number.  NOTE: The University may contact the court you have mentioned to verify the truthfulness of the information that you provide in your observation sheet. After completing the observation sheet, you should send it together with Part A as your Assignment 01.  The page bearing the stamp and signature of the Clerk of Court or Registrar of the High Court forms part of the assignment. It should NOT be sent separately