FACULTY
OF COMMERCE ADMINSTRATION & LAW
DEPARTMENT
OF LAW
COURSE
OUTLINE
Module Title
|
LAW OF
PERSONS
|
Module Code
|
LPLP101
|
Programme in which the module is offered
|
LLB
DEGREE
|
Year of offering
|
FIRST
YEAR
|
SAQA Credits
|
16
CREDITS
|
NQF level
|
LEVEL 5
|
Name of Lecturer / Lecturers
|
MRS L
RAMACCIO CALVINO
|
8 November 2016
Dear Student
Welcome to the module LPLP 101. This module is only offered in the first semester of the academic year
and is a mandatory module for all first year LLB students. LPLP 101 has no
prerequisites and is a stand-alone module.
This module forms part of private law and deals
with the legal relationships between individuals. It explains which entities
are legal subjects, when legal responsibility begin and ends, what legal status
involves, and what effect various factors( such as extra-marital birth,
minority, and mental incapacity) have on a person’s legal status.
The
module content is of such a nature that it introduces law students to the basic
concepts and principles of law. It is also imperative that students understand
the fundamentals of law of persons to successfully execute their
responsibilities as a legal practitioner and as such the module includes a
skills component that would require a student to apply the theoretical
knowledge acquired in this module to problem solving through legal thinking and
analysis.
In order to successfully complete this
course, it is therefore assumed that students should:
· Be capable of
communicating competently in written and spoken English;
· Be able to work/study
independently by reading, extracting and analysing relevant information from
various sources of law;
· Access resources,
especially the library and electronic resources;
· Apply legal
problem-solving techniques;
· Follow appropriate
legal referencing conventions in written work.
From a teaching perspective, this module will
afford students the chance to develop their potential through participation in
class discussion and individual assessment. The teaching method will therefore
be interactive rather than lecturer-focused. Students that actively participate
in-class problem solving shall be considered for the annual moot court
competition held in Bloemfontein.
As future lawyers/magistrates/advocates or judges,
LLB students will at all times be expected to act in an accountable and ethical
manner. LLB students are accordingly expected to familiarise themselves with
the student disciplinary code of the University of Zululand and act with the
necessary decorum that can be expected from a law student. The department will
under no circumstances tolerate copying or plagiarism. Students are furthermore
expected to attend classes on time, attend tutorial classes, and submit work timeously.
In the event of a student not writing an assessment or submitting an assignment
on a specific date, a student must submit a doctor’s letter or death notice which
will be considered in affording the student an alternative test or form of
assessment.
Best
of luck with your studies!
TABLE
OF CONTENTS
Page
1.
DEFINITION OF TERMS 5
2.
MODULE PURPOSE 6
3.
GENERIC OUTCOMES 6
4. SPECIFIC
OUTCOMES 6
4.
TOPICS WITH SCHEDULING 7
5.
NOTIONAL HOURS 13
6.
CONSULTATION TIMES 14
7.
MODE OF DELIVERY 14
8.
ASSESSMENT PROCEDURES 15
9.
ASSESSMENT CRITERIA 19
10. PRESCRIBED
READINGS AND RECOMMENDED READINGS 20
11. MATERIALS
NEEDED FOR THE MODULE 21
12. ANNEXURE”A” 22
1. DEFINITION
OF TERMS
COURSE
OUTLINE/SCHEME OF WORK/MODULE OUTLINE: Course/Module outline/Schemes
of work represent a contract between the lecturer and student stipulating the
requirements for each course: its aims, learning outcomes, course requirements
and assessment.
LEARNER/STUDY
GUIDE: A learner/study guide helps in organising lecture notes and
textbook material so that students can increase their comprehension and memory
of large amounts of information. Specific outcomes on topics covered, the
summary of content, as well as revision questions are included.
TUTORIAL:
A
tutorial is an interactive method of transferring knowledge in the learning process.
A tutorial seeks to teach by example and supply the information to complete a
certain task.
PRACTICAL:
A
practical is a lesson in which theories and procedures learned are applied to
the actual making or doing of something.
FORMATIVE
ASSESSMENT: The goal of formative assessment is develop and
monitor student learning to provide ongoing feedback that can be used by
lecturers to improve their teaching and by students to improve their learning.
SUMMATIVE
ASSESSMENT: The goal of summative assessment is to evaluate
student learning at the end of an instructional unit by comparing it against
some standard or benchmark.
GENERIC
OUTCOMES: These are critical cross-field outcomes that inform all
teaching and learning as stipulated by SAQA Regulations.
Each module should enable students to:
· work
effectively as individuals and with others as members of a team;
· organise
and manage themselves and their activities responsibly and effectively;
· identify
and solve problems and make decisions using critical and creative thinking;
· collect,
analyse, organise and critically evaluate information;
· communicate
effectively using visual, symbolic and/or language skills in various modes;
· use
science and technology effectively and critically showing responsibility
towards the environment and the health of others; and
· Demonstrate
an understanding of the world as a set of related systems by recognising that
problem solving contexts do not exist in isolation.
SPECIFIC/MODULE
OUTCOMES: Learning outcomes are statements of what students will
learn in a lecture. Each lecture has its specific outcomes. The statements are
focused on student learning.
2. MODULE PURPOSE
Law of Persons forms
part of private law, and is concerned with the determination of legal
subjectivity, the rights and duties associated with legal personality, and
issues of legal status.
Therefore the purpose
of the module is:
· To provide students
with an insight into the content, development and scope of the Law of Persons;
· To familiarise students
with the concept of legal personality, how this begins and ends, what it
entails, and the rights and duties associated with it;
· To introduce students
to the legal principles that affect legal status, such as domicile, age,
insanity, etc.
· To examine the
influence and impact that the Constitution of the Republic of South Africa,
1996 has on the Law of Persons;
· To introduce students
to the sources of the current Law of Persons and to assist students in
extracting principles from these sources;
· To assist students with
the legal concepts and terminology commonly encountered in the Law of Persons.
3. GENERIC
OUTCOMES
It is intended that students will be
able to:
·
organise
and manage themselves effectively;
·
collect,
understand and analyse information from various sources of law, in addition to
information conveyed in the lecture room;
·
recognise
problem-solving contexts involving the Law of Persons;
·
identify
and solve problems;
·
communicate
effectively, both in class and through written work;
· Develop
independent research skills, including the use of technology for legal
research.
4. SPECIFIC OUTCOMES
It is intended that by the end of the
course, students will be able to:
·
Show
an in-depth understanding of the basic principles that underlie the Law of
Persons, such as the beginning and the end of legal subjectivity, and the
implications of various factors affecting a legal subject’s status;
·
Understand
and appreciate the influence of Constitutional principles on the Law of
Persons, and how the courts have harmonised these with common law principles;
·
Explain
the utility of the Law of Persons;
·
Evaluate
the laws governing the Law of Persons;
·
Apply
the knowledge gained during the course to solve practical problems arising from
personality rights.
5. TOPICS WITH SCHEDULING
Module
|
Scheduled
date
|
||
1
|
Learning Objectives:
|
Text:
Chapter 1
|
Week 1
6-10 Feb 2017
|
2
|
Prescribed
Case law:
Ex
parte Boedel Steenkamp (casebook 1); Christian Lawyers Association of SA v The
Minister of Health (casebook 3); RAF
v M obo M (casebook 2); Christian
Lawyers Association v Minister of Health (casebook 4); Re Beaglehole (casebook 5); Ex Parte Kannemeyer; Ex Parte Pieters (casebook 6).
Learning
Objectives:
Proposed
questions:
|
Text: Chapters 2
|
Week 1 & 2
13-17 Feb 2017
|
3
|
Status & Domicile
Learning
Objectives:
Proposed
Questions:
|
Text:
Chapters 3 &4
|
Week
3 & 4
20-3 March 2017
Assessment 1
|
4
|
Case
Law:
J v Director
General, Department of Home Affairs (
casebook 15); M v R (casebook 19); S v L ( casebook 20); F v L; Fraser v Children’s Court, Pretoria
North (casebook 22); Motan v Jooste
( casebook 23); Petersen v Maintenance
officer ( casebook 24).
Learning
Outcome:
Proposed
Questions:
|
Text:
Chapters 5
|
Week 5
6-10 March 2017
|
5
|
Case
law:
Edelstein v
Edelstein (casebook 32); Louw v MJ & H Trust (casebook 31); Wood v Davies (casebook 33); Dickens
v Daley (casebook 39); Watson v
Koen (casebook 42).
Learning
Outcome:
Proposed
Questions:
|
Text:
Chapters 6
|
Week 6 - 9
13-21 April 2017
Assessment 2
|
6
|
Learning
Objectives:
Proposed
Questions:
|
Text:
Chapters 7
|
Week
10
24-28 April 2017
|
7
|
Learning Objectives:
Proposed
Questions:
|
Text: Chapters 8&9
|
Week 11
1-5 May 2017
|
8
9.
|
Learning
Objectives:
Proposed
Questions:
Ethical Considerations
Learning
Objectives:
·
Taking into consideration the
sensitivity of the matter, explain how a lawyer/advocate would conduct a
consultation with a client or family member relating to the following
scenarios:-
-
A biological parent that
consult on the issue of beginning of life and whether such a parent has the
right to have a burial in respect of a
still born child;
-
A family member that consult
on the issue of whether or not to have a relative declared presumably dead;
-
A minor child consult on the
issue as to whether or not he/she have a right to medical care, medical
information, treatment without the guardian’s consent;
-
A minor child consult on the
issue as to whether the right to termination of pregnancy infringes on a
person’s right to life;
-
An alcoholic or substance
dependant person consult on the procedure in appointing a curator;
-
A family member consult in
respect of the procedure in having a mentally ill relative institutionalised;
-
A family member consult on
having a relative declared a prodigal person.
REVISION
|
Text: Chapters
10 & 11
|
Week 12 & 13
8-19 May 2017
Week
14
22-26 May 2017
|
10.
|
Examination
|
Chapters 1-11
|
As per the Examination Schedule
|
6. NOTIONAL HOURS
LPLP 101 will be
lectured three times a week. Kindly refer to the official time table in this
regard.
In addition to the
national hours allocated in terms of the timetable, students are expected to
spend additional learning hours that are used for the learning activities and
assessment of the module such as lectures, tutorials, practicals,
presentations, independent study etc.
7. CONSULTATION TIMES
Difficulties experienced in
respect of this module or queries relating to assessments/assignments may be
discussed with me during consulting hours. I can be consulted during the
consulting hours as displayed on my office door, room 309, Block D 3rd
Floor. In case of an emergency I may be contacted at 035-9026335. Please adhere
to the consultation hours!
8. MODE OF DELIVERY
The course is taught by
Mrs L Ramaccio Calvino. It has been divided into specific topics which
will be covered in the form of viva voce lectures. These lectures will
comprise of a discussion of the law as contained in textbooks, case law and
legislation.
Students are expected
to read ahead of the next lecture so that they may participate in the lecture
and solve legal problems either individually or in groups. There will also be compulsory
tutorial sessions every week during the semester for revision, problem
scenarios and preparation of exams and tests. There is no comprehensive handout
for the course and as such, students will be expected to take their own notes
during lectures and to supplement these notes with readings provided in the
course outline. It is expected that students assume responsibility for their
own learning by independent study according to the guidance provided by the
detailed course outline. Feedback for assignments and tests will be given
during class.
9. ASSESSMENT PROCEDURES
It is the
responsibility of the student to ensure that he/she is registered for the
correct module prior to the date of the first assessment. Only registered students’ scripts will be marked and the mark
captured.
Students will be assessed by way of formative and substantive
assessments.
The
formal assessments will comprise of two written assessments as well as an end-of-semester
examination. The two assessments and /or any assignments will count towards 50%
of the module mark. The assessments may consist of the following assessment
methods:-
Multiple
Choice Questions
|
Select the
correct answers
|
Short
Answer Questions
|
Short, usually
descriptive, qualitative, answers that may consist of one word answers to over
a page answers.
|
Essays
|
Written work in
which students state an argument supported by evidence
|
PLEASE NOTE that if a student has
not written BOTH assessments he/she has to submit a doctor’s letter or proof
of a death in the family within 14 days after the date of the assessment and
write the 3rd assessment test.
A minimum semester mark
of 40% will be a pre-requirement for being allowed to write the final
examination
The final examination will count towards the other 50% of the
final module mark.
A student that obtains a mark of 40-49% should be entitled to a
re-assessment examination. It is the
student’s responsibility to ascertain from administration whether he/she
qualifies for a re-assessment examination. Students that did not write
the final examination due to a death in the family or illness need to apply at
administration to write an aegrotat examination. The re-assessment and aegrotat
examinations will be written shortly after the conclusion of the examination
period for that academic year. Students
that do not write the aforesaid examination will forfeit the opportunity to
re-assess the module.
All assignments
must be done by using Arial as a font, 12 point font, 1.5 line
spacing. Sizes of pages and margins can be communicated to the student by the
lecturer. Use the university approved assignment cover page. A copy of the
assignment cover sheet is annexed hereto as Annexure “A”.
STUDYING AIDS
In studying this course you should also focus upon the learning
objectives specified at the commencement of each module in the study book. They
form the basis for your readings and revision of each topic.
Tutorials
Tutorials
are mandatory for this module. At
the beginning of the semester the registered students for the module will be
divided into tutorial groups. Each group will be appointed a tutor, whom will keep
a register of each tutorial class. During tutorials tutorial questions will be
discussed and revision will be done to assist students in understanding the
module content. As indicated before, tutorial questions may also be marked and
such marks may be used in calculating the semester mark. Please use tutorials
professionally and with the intention of increasing your knowledge of the
subject matter. Tutorials will be delivered in accordance with each tutor’s
tutorial slots.
Examination
techniques
The formal examination requires you to demonstrate your learning
to the lecturer. If you have followed these suggestions about studying, you
will be well on your way to success. Here are a few additional points to help
you with your exams.
Preparing for examinations
It is a good idea to begin revising the semester’s materials at least two or three weeks before the examination.
That way, you have time to put in a bit of extra effort on areas you are not
quite certain of. Here are some extra points to help you.
·
Revise your notes.
Go over the notes you have
made for yourself during your study. Make sure that you see the relationship
between the key points that you have written down, and the related details.
·
Get together.
If possible, get together
with others studying the same course. Discuss each point. Quiz each other.
·
Review ‘past examination papers’.
You can use same as a ‘trial run’ to get an idea of working within a strict
time limit. Past examination papers may give you an idea of the kind of
questions that might be asked. But don’t place too much emphasis on
them as lecturer can ask different styles of questions.
·
Review assignments.
Go over previous assessments
/ assignments. If you didn’t do well, look at the
lecturer’s comments/feedback to find out where you went
wrong.
·
Get to bed in good time.
Don’t stay up revising all of
the night before the exam. Get a good night’s sleep so that you are
alert and at your best. And don’t skimp on meals before the
exam. Mental exertion is just as dependent on a healthy body as is physical
exertion.
·
Confirm examination mode.
Come prepared with all necessary
equipment.
·
Be committed.
Try to build your study plan
around fixed time commitments – the time that you must give
to your essential daily activities such as family, eating and sleeping,
recreation and leisure.
·
Be realistic
Try to be realistic in planning
your study time. You will probably have to give up some of the things you do to
make time for study. On the other hand, most people need recreation, and find
it easier to stick to a schedule if they specifically include time for sport,
leisure, or other relaxation.
·
Study every day
Study is easier if you
spread the work out, rather than trying to cram it all into one or two days.
Also, research has shown that you learn better and remember more if you spread
out your studying.
·
Your concentration span
Most people find that it is difficult to concentrate for long
periods. If you must study for a long period of time, be sure to take a break
every hour for a few minutes.
·
Your study timetable
Find out what time of day
you study best. Some people are most alert early in the morning, some in the
afternoon and others late at night. For example, if you are a ‘morning person’, try to schedule an hour or
two of study in the early morning before you go to work, or before the rest of
the family is out of bed.
·
Set realistic goals
But set goals! Before you
begin a study period, decide what it is you intend to accomplish. It may
be to summarise one chapter, to write two pages of an essay. And
give yourself a pat on the back when you have completed your assigned task.
·
Set good habits
Get in the habit of
beginning work as soon as you sit at your study table. Do not use part of your
study time for other things, such as straightening your room or alphabetising
your books.
·
Review your work
At the end of each study
period, review the work that you have done, and if necessary modify your study
plan. At the end of each week, plan your timetable for the week ahead.
·
Study Strategies
Studying refers to all that
you do in order to learn something. Here are some suggestions to help you study
effectively.
·
Be active
Be actively involved with the things that you are trying to learn.
For example, write key points in your own words. Try to relate your study to
your own experience, whether it be at home, or elsewhere.
·
Avoid compartmentalisation
Try to see the relationships
among different modules in a course, and different courses in your program. The
more you seek for and find connections among the things that you study, the
more sense they will make and the easier they will be to remember.
·
Use memory aids: List the major points in each module of a study book or chapter of
a textbook. These major points form the ‘framework’ of the course. If you understand the framework, you will find it
easier to remember the details. Some students write important points on cards
and go through them from time to time. Others write a detailed outline and pin
it up on a wall by their study table. Such visible reminders are a simple and
efficient way to help you memorise basic facts.
Form study groups: Form a study group with other students. Ask for help or to get a
fresh point of view. You will find that trying to explain something to another
person is one of the very best ways to learn it yourself.
In your examination
·
Time planning
Just as you plan how you
will use your weekly study time, so too should you plan your time in the
examination. Here are some guidelines on how to use your time effectively in
your examination.
·
Try to leave yourself sufficient time at the end of the
examination to check over your work and make any last-minute corrections.
·
If all questions have equal weight, plan to take about the same
amount of time with each one. If the questions have unequal weighting, spend
more time on those questions with many marks, and less time on the ones with
fewer marks.
·
In multiple choice questions, don’t spend too much time on
questions you can’t answer easily or quickly. Go ahead and answer
the others first, leaving yourself sufficient time to return to those that
you are unsure of.
Hints on answering questions
·
Write legibly. Even with the best will in the world, a marker
cannot give you credit if the writing cannot be read.
·
In answering essay questions, make certain that your essay is well
organised and grammatically correct. It will pay dividends to spend a few
minutes planning your essay before you begin writing.
·
Make sure that you answer the question asked. Underline the key
words in the question, and underline the verb. This will help you to focus on
the essence of the question.
10. ASSESSMENT CRITERIA
Specific Outcomes
|
Assessment Criteria
|
Assessment Tasks
|
Students are expected
to
develop:
|
Students must provide
evidence of
competency in
the following ways:
|
Students may be
expected
to:
|
1. Show an in-depth
understanding of the basic
principles that
underlie the
Law of Persons.
|
Identify, explain and
critically analyse the
basic principles of the
Law of Persons.
|
Class discussion and questioning.
Problem and theory questions in class work
and examination.
|
2. Understand and
appreciate the
influence of
the Constitution on
the Law
of Persons
|
Identify the key
constitutional provisions
that affect the Law of
Persons.
Explain the implications and effects of
these provisions.
Analyse current constitutional reforms in the
Law of Persons.
|
Class discussion and questioning.
Problem and theory questions in class work
and examination.
|
3. Explain the
utility of Law of
Persons.
|
Identify the role of the
Law of Persons, and explain its importance in everyday life.
|
Class discussion and questioning.
Problem and theory questions in class work
and examination.
|
4. Evaluate the laws
governing the Law of
Persons.
|
Identify and find relevant
texts, judicial decisions,
journal writings and other
resources relevant to the
Law of Persons.
Explain these laws and analyse their
adequacy.
Identify shortfalls and make suggestions
for law reform.
|
Class discussion and questioning.
Problem and theory questions in class work
and examination.
|
5. Apply the
knowledge gained during the course to solve practical problems arising from
personality rights.
|
Synthesise and integrate the knowledge
gained in order to propose practical solutions to problems associated with
the Law of Persons, and advise accordingly.
|
Class discussion and questioning.
Problem and theory questions in class work
and examination.
|
11. PRESCRIBED
READINGS, AND ADDITIONAL (RECOMMENED) READINGS
The following books are the prescribed books for this module:-
·
J Heaton The South African Law of Persons (2008),
3rd edition, LexisNexis Butterworths: Durban is the prescribed text book for
this module.
·
J Heaton Casebook on the South African Law
of Persons (2008), 3rd edition, LexisNexis Butterworths: Durban.
The following books may be consulted for additional reading to
further your knowledge of the subject matter:
·
H Kruger and A Skelton (Eds) The Law of
Persons in South Africa (2010) OUP: Cape Town.
·
T Boezaart Law of Persons (2010) 5th
edition, Juta: Cape Town.
·
JA Robinson et al Introduction to the
South African Law of Persons (2008), 2nd edition, Printing Things:
Potchefstroom.
·
B van Heerden et al Boberg’s The Law of
Persons and the Family (1999), 2nd edition, Juta & Co: Cape Town
12. MATERIALS NEEDED FOR THE MODULE
Except
for the obvious stationery, this module does not require any additional
materials.
\
Annexure
“A”
FACULTY
OF --------------------------------------------------------------
DEPARTMENT
OF--------------------------------------------------------
ASSIGNMENT
COVER SHEET
Student Name
|
|
Student Number
|
|
Module Title
|
|
Module Code
|
|
Assignment Topic
|
|
Due Date
|
|
Name of Lecturer
|
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Lecturer’s Remarks
|
