The Kruger’s

Read the following scenario and answer the questions that follow:
The Kruger’s moved into the neighborhood where the Mothibes and the Van der Merwes live. Both families welcomed the Krugers and invited them for a braai. Daan Kruger is a Panel-beater and his wife Sarah is a teacher. Little did the Mothibes and the Van der Merwes know that Daan planned to run his panel-beating business from home in future. And then the noise started! Daan did not listen to the complaints of the neighbours and Worked from early in the morning until late at night. The neighbours decided to approach Jane Mothibe for legal advice. She then asked you, her article clerk, to find the answers to the questions that follow.

(Note that half marks will be awarded.) (4)

1.1 Which real right of the neighbors has been infringed? To which division of the Private law does this real right belong? (1)
The right to ownership.
The private law deals with the link between, individuals and other individuals.

1.2 The Krugers allege that this right is the most complete right that one can have and that it cannot be limited. Explain to them that their allegation is for all practical purposes incorrect. (3)

Mr Kruger has ownership of his property, which is a real right as well as a personal right to do as he wishes with his property. Mr Kruger has a personal right of right of performance meaning he can work from which early hours to late at night . Mothibes and the Van der Merwes need to understand that every citizen of South Africa also has individual morality which means every person every individual sets standards for himself or herself , therefore if Mr kruger needs to provide for his family he will do set a high goals for himself to make his life comfortable to live no matter whom complains due to the fact he is making an honest living and the neighbors need to take inconsideration that he is not drug dealer and that they community is still safe. [4]

Question 2

There are three basic legal principles that form part of the legal process and which should be borne in mind in the operation of the hierarchy of courts. Name and briefly explain these three legal principles. (6)

Principle of judicial precedent there are two requirements for the operation : 1. Effective system of law reporting example to allow the lower ranking courts to see what the higher ranking courts have held. 2. A hierarchy of courts which are separated in to different levels each court follows decisions made by courts above it .the arguments of the lawyers are then put forward in court to reason upon which the court will determine the ratio decidendi in distinguish with ratio decendenti of a courts decision which can bring other courts sometimes they can find obiter dicta which basically means “remarks in passing” they are not directly applicable to resolve dispute in court but maybe a effective force .

Appeal if a party is not satisfaction with court’s decision that part can appear to superior courts . if its criminal matters an appeal may filed against the conviction against sentence. The superior courts will then view the ratio decidendi when they party appeals the court does not listen to oral evidence about the facts of the case , the court analyses the typed record which first made decision there after listens to the attorneys / lawyers arguments made. when the decision is upheld the a quo is set away if the appeals dismissed the court a quo is confirmed .

Review : if any deviation in procedure the case will be reviewed , example evidence that was tampered with an opportunity to present the case on their own a personl lodging a complaint about present the case on their own . A person lodging a complaint about proceedings not the decision itself

Declaration

1. I understand what academic dishonesty entails and am aware of Unisa’s policies in this regard.

2. I declare that this assignment is my own, original work. Where I have used someone else’s work I have indicated this by using the prescribed style of referencing. Every contribution to, and quotation in, this assignment from the work or works of other people has been referenced according to this style.

3. I have not allowed, and will not allow, anyone to copy my work with the intention of passing it off as his or her own work.

4. I did not make use of another student’s work and submitted it as my own. ….