Assignment 1 Semester 2025
Unique Number:
Due Date: August 2025
3 ANSWERS PROVIDED
In the law of delict, conduct refers to a voluntary human act or omission. For conduct to be
actionable, it must be voluntary, meaning the actor must be in control of their bodily
movements through the exercise of will.1 If a person acts involuntarily, such as during
sleepwalking or a blackout, they may raise the defence of automatism, arguing that their
actions do not meet the legal requirement of conduct.1
In this matter, Tumelo suffers from insomnia and has a known history of sleepwalking, for
which his doctor prescribed medication. On the relevant day, Tumelo failed to take his
medication and, while sleepwalking, stabbed Mandla under the mistaken belief that he was
being attacked. The issue is whether Tumelo’s conduct can be regarded as voluntary for
delictual liability purposes
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