BROAD-BASED SKILLS TEST FOR THE SCHOOL FOR LEGAL PRACTICE

FORMATIVE ASSESSMENT

MEMORANDUM

GUIDELINES FOR MARKERS

General:
 Learners may not make up any facts and must follow the Statement of Facts;
 The Statement of Facts have been drafted to allow, in most instances, for at least two
possible interpretations for purposes of argument;
 Markers are thus required to use their discretion when grading the answers and
to evaluate the legal reasoning and writing skills of the learners. The idea is to test
the ability to act as a candidate attorney. This will require that marks be awarded on
the basis of the general impression that the learner makes;
 Markers are reminded that the marking should take into account the fact that learners
are in possession of a law degree and have nearly completed their training at the Law
School but are not admitted as attorneys;
 This is the last assessment that the candidates will complete. The aim is to establish
whether the candidates are ready to act appropriately as second year candidate
attorneys. It is important that the assessment tests their abilities but also that the
candidates leave with some confidence in the skills and knowledge obtained at the Law
School. It is not the intention to draft an assessment that will leave the candidates
demotivated. Some of the questions are thus fairly straightforward but these are the
issues that candidates will be confronted with in their daily work going forward. Many
of the answers will have a ‘discretionary element’ and even more marks are
possible than the allocation indicates. Markers may assess the quality of the drafting
or answer based on the level on which the candidates is expected to be after one year of
articles / 6 months of Law School.
 The assessment is based on the assumption that the learning standard requires that
candidates demonstrate:
 the ability to identify and define relevant issues in legal problems,
 the ability to make critical judgments on the merits of particular arguments and
make and present reasoned choices between alternative solutions,
 the ability to address the issues presented in a text or scenario and generate
appropriate responses to the legal issues contained in a text and/or scenario,
 an understanding of analysing a text and/or scenario to find the key issues and to
distinguish between relevant and irrelevant information and to distinguish between
legal and non-legal issues,
 advanced knowledge of select areas of the law or specialisation in one or more area
of the law ,
 the capacity to be accountable and take responsibility in academic, professional,
and relevant societal contexts, and

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  knowledge and appreciation of the theories, concepts, principles, ethics,
perspectives, methodologies and procedures of law.


Question 1 (40)

1.1 John wants to know what legal action would be appropriate to stop the tenants
(Thandi & Rhea) from continuing with the commercial activities at the property.
Required: Advise John accordingly. You are also required to provide advice
regarding the substantive requirements that will have to be alleged and proved to
obtain the required relief. Your answer should also contain a short narrative
concerning each requirement explaining whether the facts support a determination
that the substantive requirements may be proven on a balance of probabilities. (10)

Proposed Guideline for Markers - Impression mark to be given taking into account the
following guideline:
Markers are requested to assess this question from the perspective of what they would
have expected from a candidate attorney in a practice.

Application for an interdict; (1)

The applicant must prove the following in order to succeed with the application:
i. a clear right; (1)
ii. an injury or damage is actually committed or that there is a reasonable apprehension
of an injury or harm; (1)
iii. no other satisfactory remedy available to the applicant; and (1)
iv. balance of convenience. (1)

Clear right (2)

The interim interdict requires, as stated in Joubert NO v Maranda Mining Company (Pty)
Ltd1 that: “The requisites for an interim interdict are well known. The applicants are obliged
to show that the right which is the subject-matter of the main application which they seek to
protect by means of interim relief is clear, or if not clear, are prima facie established, though
open to some doubt. If the right is only prima facie established then it must be shown that
there is a well-grounded apprehension of irreparable harm to the applicants if the interim
relief is not granted and they ultimately succeed in establishing their right; that the balance of
convenience favours the granting of interim relief; and that the applicants have no other
satisfactory remedy.”
Reasonable apprehension of harm (2)
The property is in a residential area. There is a reasonable expectation that the property has
the amenities offered by such a residential zoning only. The parties agreed that the property
would be used for residential purposes only. The applicant could thus expect that the tenants
would act in terms of the agreement and the applicable legislation.

1
[2010] 2 All SA 67 (GNP) para 26.

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Although there are many other businesses, offices and home industries operating in the area
the owner has a right to expect that the tenants would comply with the title deed restrictions
and the legislation or apply for the appropriate consent use. The fact that other property
owners are using their properties for various purposes, with or without consent use, does not
excuse the tenants from their legal obligations with regards to the use of their property.
The property owner is thus suffering harm due to the tenant’s unlawful behaviour.
The Municipality will take action against the registered owner of the property, which will
result in harm for the applicant.
No other satisfactory remedy available (2)
It is trite law that, in order to establish the requirements for the granting of a final interdict, an
applicant must establish a right in the subject matter of the dispute; an apprehension of
irreparable harm if the interim relief is not granted and the final relief is granted in due
course; the balance of convenience in his or her favour; and the absence of a satisfactory
alternative remedy.2
In Food and Allied Worker's Union v Scandia Delicatessen CC [2001] 3 All SA 342 (A): the
availability of a suitable alternative remedy to the applicant was considered. Scandia related
to a matter in which a criminal prosecution was an alternative to the order sought. This
remedy could have been used to satisfy the needs of the appellant. The interdict could thus be
attacked on the basis that the Ordinance provides for the prosecution of persons in breach of
the Scheme. The applicant acknowledged that it was aware that the use of the property by the
respondents constitutes an offence. Scandia is authority for the view that criminal prosecution
may be a suitable alternative remedy in appropriate cases. The court must assess its suitability
as an adequate remedy. A criminal remedy is not an ‘ordinary remedy’. It is also true that
criminal prosecution does not offer the individual similar relief to that of an interdict. A
person must limit its damages and is required to act accordingly.
Interdicts are the usual means by which municipalities enforce zoning schemes and
restrictions. Outdoor Media (Pty) Ltd v City of Cape Town [2013] ZASCA 46 - a criminal
remedy was not a satisfactory alternative to an interdict preventing the unlawful displaying of
advertising signs. The criminal sanction provided in terms of the Ordinance does not
constitute an appropriate alternative remedy. The applicant is obliged to secure the cessation
of the unlawful use of the property and the criminal penalties offered is not similar to the
relief claimed. Criminal prosecution is also at the discretion of the State and serves to punish
past misconduct.
The Law Society may also apply for an interdict but this is based on the fact that the
respondents are practicing without a Fidelity Fund Certificate.Such application is at the
discretion of the Law Society.
Balance of convenience (2)
Balance of convenience – must favour the applicant (when interdicting someone from doing
something lawful as it will prejudice them);
The respondents should have considered that possibility when they embarked on using the
property for a purpose for which it is not zoned;
2
Erasmus Superior Court Practice Cape Town, Juta & Co: 1994, E 8-8 to E 8-9; Harms Civil Procedure in the
Supreme Court Durban, LexisNexis Butterwoths: 1990, A40: Van Winsen, Cilliers and Loots The Civil Practice
of the Supreme Court of South Africa (4 ed) Cape Town, Juta & Co: 1997, 1065.

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The applicant does not request that the respondents vacate the premises but requires only that
the respondents desist from acting unlawfully and/or in contravention of the agreement
between the parties.

1.2 John is anxious hat his good name will be harmed should his other tenants find out
about the Municipality’s imminent action and the possible adverse legal finding and
cost order that may follow. John demands that the legal action be instituted on an
urgent basis.
Required: Advice John whether the applicant would be able to satisfy the Court that
the matter is in fact urgent. (3)

Proposed Guideline for Markers - Impression mark to be given taking into account the
following guideline:
The applicant seems to have created his own urgency and it is probable that the Court may
dismiss the application should it be brought on an urgent basis (1). It may be advisable to first
send a letter of demand (1) and provide a short but reasonable time period to the tenants to
stop practising from the premises based on the breach of the lease, the contravention of the
legislation and the conditions of the title deed (1). Thereafter an urgent application on notice
may be launched (1).

1.3 Which party has locus standi to institute the anticipated legal action? Name and
provide the citation(s) of this party / these parties. (2)

Proposed Guideline for Markers - Impression mark to be given taking into account the
following guideline:
The applicant is AAA Rentals (Pty) Ltd (1), a company with limited liability, registered in
terms of the Companies Act (1), with principal place of business at 21 Fox Street,
Johannesburg (1).

1.4 Against which party should the legal action be instituted to obtain the appropriate
relief? Name and provide the citation(s) for this party / these parties. (2)

Proposed Guideline for Markers - Impression mark to be given taking into account the
following guideline:
The respondents are Mrs Thandi Llewellyn and Ms Rhea Stander (1) (as first & second
respondents respectively – markers must use discretion) (who entered into the lease
agreement (not the partnership W&S), adult females cited in their capacities as partners of W
& S Attorneys (1) and currently residing at 76 Free Road, Parklands, Johannesburg (1).

1.5 John states that he does not want to pay any costs relative to the legal action. Advise
him as to the possible cost orders that may be awarded by the court should an
application be successful and the implications thereof. You are also required to
provide advice on what order the court is likely to grant in the circumstances of this
application and how the court exercises its discretion in this regard. You may accept

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 that the application will be opposed but that there will be no unnecessary or protracted
litigation. (10)

Proposed Guideline for Markers - Impression mark to be given taking into account the
following guideline:
Possible cost orders:
a) No order as to costs / each party to pay its own costs: Where the court is of the
opinion that the parties should bear their own legal costs and expenses; (2)
b) Costs on a scale as between party and party: normal costs order + implications (2)
c) Costs on an attorney client scale: punitive costs order. Appellant v Waterberg
Landbouwerkers Kooperatiewe Vereniging Respondent3: “The true explanation of
awards of attorney and client costs not expressly authorised by Statute seems to be
that, by reason of special considerations arising either from the circumstances which
give rise to the action from the conduct of the losing party, the court, in a particular
case considers it just, by means of such an order, to ensure more effectually that it
can do by means of a judgment for party and party costs that the successful party will
not be out of pocket in respect of the expenses caused to him by the litigation.
Theoretically, a party and party bill taxed in accordance with the tariff will be
reasonably sufficient for that purpose. But in fact a party may have incurred expense
which is reasonably necessary but is not chargeable in the party and party bill. See
Hearle and McEwan v Mitchell’s Executor (1922 TPD 192). Therefore in a particular
case the Court will try to ensure, as far as it can, that the successful party is
recouped. I say ‘as far as it can’ because there may be a considerable difference
between the amount of the attorney and client bill which a successful party is bound
to pay to his own attorney and the amount of an attorney and client bill which has
been taxed against the losing party …” (2)

d) Costs order De Bonis Propriis made against attorneys where a court is satisfied that
there has been negligence in a serious degree which warrants an order of costs being
made as a sign of the court's displeasure. An attorney is an officer of the court and
owes a court an appropriate level of professionalism and courtesy. (2)

Possible cost order in this matter: (4)

It is trite that liability for costs in civil proceedings is a separate issue that is governed by its
own criteria. The fundamental principle is that liability for costs is in the discretion of the
court4 and is based on the facts and circumstances of each individual case. 5 In the absence of
express statutory provisions to the contrary, the general rule that costs follow the result is
subservient to that fundamental principle.6

3
1946 AD 597.
4
Kruger Bros & Wasserman v Ruskin 1918 AD 63 at 69.
5
Cronje v Pelser 1967(2) SA 589 (A) at 593.
6
Unimark Distribution (Pty) Ltd v Erf 94 Silvertondale (Pty) Ltd 2003(1) SA 204 (T) at 215 E – F.

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The court has a judicial discretion that must be exercised for each and every cost order that
is made.7 This discretion must be exercised “judicially” and not “arbitrarily”. 8 A cost order
must further be fair. The court’s discretion is wide but not unfettered.9
In the exercising its discretion to award costs, the successful party is generally entitled to
costs unless an indulgence is sought.
The court will normally also only make an order for cost on the attorney and client scale if
there is a special prayer for it or where notice has been given that such an order will be
requested. It is however not fatal if no notice was given as to this intention. A party should
always be informed if the court is considering making an attorney and client scale cost order.
The party must then be afforded an opportunity to be heard on the issue. A court will also not
order a litigant to pay the costs of another litigant on the basis of attorney and client scale
unless some special grounds are present or where there was an agreement between the parties
to pay attorney and client costs. These special grounds include instances where the
proceedings were vexatious, reckless, frivolous or where elements of dishonesty or fraud are
evident or where there is a false or fraudulent defence.10
It would thus be advisable to inform the client that costs will probably be awarded on a scale
as between party and party.

1.6 You realise, based on what John said regarding costs, that he may dispute your fees
and expenses. It is thus advisable to draft and conclude a fee agreement with your
client. Draft a fee agreement with John setting out all the required clauses. (13)

Proposed Guideline for Markers - Impression mark to be given taking into account the
following guideline: (there are more marks here but the maximum to be awarded is 15)
1. Names of parties / Address – domiculium.
2. Mandate given –terms thereof and scope.
3. The Attorney will charge fees on an attorney and own client basis for the provision by
the Attorney of professional services to the client.
4. Services must be, in the opinion of the Attorney, necessary or desirable in order to give
effect to the mandate received.
5. The client confirms that the difference between party and party costs and attorney and
own client costs has been explained.
6. Disbursements are monies disbursed by the Attorney or payable by the Attorney on the
client’s behalf and will include but not be limited to (various).
7. The client authorises the Attorney to recover and receive on the client’s behalf, capital
and party and party costs and to deduct all fees and unpaid disbursements and interest as
reflected in this agreement from any capital amount receivable by the client before
payment of the balance of it to the client.

7
Ward v Sulzer 1973 3 SA 701 A.
8
Merber v Merber 1948 1 SA 446(A) at 453.
9
Moller v Erasmus 1959 2 SA 456(T) at 467.
10
Nel v Waterberg Landbouwers Ko-operatiewe Vereeniging 1946 AD597; Performing Right Society Ltd v
Berman 1962 SA 355 (R); Real Estate and trust Corporation Ltd v Central India Estates Ltd 1923 WLD 121.

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8. The Attorney shall raise a debit in respect of its fees and disbursements from time to time
as and when the Attorney considers it appropriate, alternatively, when the client requests
same. The Attorney’s failure to raise a debit for any period of time shall not preclude the
Attorney from debiting a fee from time to time nor shall it be interpreted as derogating
from the Attorney’s right to debit a fee when the Attorney considers it appropriate.
9. Accounts of the Attorney are payable by the client within 30 (thirty) days of the date
reflected on the Attorney’s account or statement. Interest at ?% per annum will be
charged on accounts older than 30 days.
10. Fees shall be charged at a rate of R? per hour or part thereof exclusive of VAT and
disbursements, regardless of whether the time is spent on (various).
11. The client agrees that all fees will increase by ?% from 1 January in the year succeeding
the year in which this agreement was concluded and in each and every succeeding year
thereafter.
12. The client agrees that in the event of any debit for Attorney and own client charges being
unacceptable to it, for any reason whatsoever, that the client will notify the Attorney in
writing within 10 (ten) days of the date of the invoice/debit note, failing which the
charges reflected therein shall be deemed to be fair and reasonable.
13. In the event that a deposit is requested from the client by the Attorney, the client agrees
that no services will be rendered by the Attorney until such time as the deposit is paid.
14. Failure to pay a requested deposit will constitute grounds for withdrawal from the matter
by the Attorney.
15. In the event of a dispute arising as to the fees and/or disbursements charged by the
Attorney, the Attorney shall, at his sole election have the right, if he chooses to, instead
referring the matter for taxation in terms of Clause 13 the Attorney, may if he elects to do
so, refer the matter for resolution to a professional body chosen by the Attorney / fee
committee of the Law Society.
16. The client hereby authorises the Attorney, in the event of it disputing the Attorney’s bill,
to engage a third party, at the client’s cost, to draw and tax the appropriate Attorney and
own client bill of costs.
17. The client agrees that in the event of it withdrawing the mandate of the Attorney, all fees
and disbursements shall immediately become due and payable to the Attorney by the
client and the Attorney shall be entitled to retain the client’s file until all fees and
disbursements are paid in their entirety.
18. The Client hereby chooses as its domicilium citandi et executandi (“domicilium”) the
address indicated on the first page of this document where all notices and processes can
be served. The client may amend the domicilium by sending a registered post letter or by
hand delivering and having signed for a notice to the Attorney indicating a new
domicilium which shall be a physical address and not a post box.
19. In the event that the Client is a Company or Close Corporation then the director or
member, signing this fee agreement, accepts personal liability for payment of any
accounts or fees due to the attorney in the event that the Company or Close Corporation
fails to pay such account upon demand.

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Question 2 (6)

You realise, after consulting with John, that the particulars of claim, concerning the
defamation action, contains errors as it refers to the local newspaper and not Facebook as the
site for publication of the defamatory statement and the date of publication seems the be
incorrect.
Required: Draft the necessary notice to rectify this error. Do not include headings and/or the
names and addresses of the parties.

Proposed Guideline for Markers - Impression mark to be given taking into account the
following guideline:
The plaintiff’s rule 28 notice to amend (1) must notify the defendant of its intention to amend
(1) and such notice must:
 set out particulars of the proposed amendment (1);
 state that unless written objection (1) to the proposed amendment is delivered within 10
days of delivery of the notice (1), the amendment will be effected (1) within 10 days
thereafter (1).

Question 3 (24)

3.1 What are the implications of the failure of your predecessor to reply to the
correspondence from the defendant’s attorneys? The defendant’s attorneys stated that
they consider this omission as serious and that they intend to approach the Law
Society. Evaluate the ethical and professional implications and how would you deal
with this challenge. (4)

Proposed Guideline for Markers - Impression mark to be given taking into account the
following guideline:
Rules for the Attorneys’ Profession states, with reference to the issue of replying to
communications, that a member, which includes a candidate attorney, shall, within a
reasonable time, reply to all communications which require an answer unless good cause for
refusing an answer exists. The Council shall have disciplinary jurisdiction over all members
no matter where the conduct which is, or allegedly is, unprofessional or dishonourable or
unworthy is perpetrated. The candidate should inform his/her principal and a letter of apology
should be forwarded to the defendant’s attorneys – here markets must use discretion with
regards to the nature of the apology.

3.2 John wants to know whether the court may award maintenance to Mtali and which
factors the court will consider in deciding on the issue of spousal maintenance.
Required: What is the court’s aim when considering spousal maintenance and what
factors will the court consider when coming to a decision on spousal maintenance?
Evaluate also whether Mtali has a right to maintenance upon divorce. (10)

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Proposed Guideline for Markers - Impression mark to be given taking into account the
following guideline (There are numerous ways to approach this answer, please use
discretion to assess):
At common law neither spouse has a right to maintenance upon divorce. Court, however, has
the power under section 7(2) of Act 70/79 to order the payment of maintenance after divorce.
(2) Mtali will have to establish (onus) the need for maintenance. (1)
The court will attempt to ensure a clean break between spouses if possible. (1) The decision
on maintenance will consider the following factors: (Case law & section 7(2)) – (6 possible
marks)
 Age of Mtali & John;
 Qualifications;
 Children (age);
 Whether Mtali had worked during marriage;
 Health of Mtali;
 Duration of marriage;
 Could Mtali re-enter the labour market (earning capacity of both spouses);
 Current / expected wealth;
 Standard of living before divorce;
 Behaviour, as far as it was relevant to breakdown;
 Any other factor that the courts considers relevant.

3.3 John, Mitali and her attorneys attend to your offices where the divorce and possible
settlement is discussed. Mitali indicates that she desires that the divorce be finalised
expeditiously with minimal cost implications.
Required: After discussing the matter, the parties decide to settle the matter as
proposed by John and to proceed accordingly. You are requested and instructed to
draft the settlement agreement to be presented to court. Act in terms of your
instructions. (10)

Proposed Guideline for Markers - Impression mark to be given taking into account the
following guideline: (Again there are more marks than the allocation, use discretion
when grading)
Students to draft a simple and clear settlement agreement to the Divorce Action containing all
that was agreed:
1. The settlement must have the usual heading / parties / and then tramlines; (2)
2. Contain the introductory clauses relating to the issuing of the Summons, that the matter
was defended, that the parties have reached a settlement
which the parties wish to have incorporated in a court order; (2)
3. That the parties agree that the marriage has irretrievably broken down and request a final
order of divorce; (2)
4. The details of the settlement: (3 marks in total)
Division of Assets:
a. Immovable property;

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 b. Movables (motor vehicle, furniture, etc);
c. Debt;
d. Furniture and effect (each to keep what is currently in possession);
e. Pension interest, annuities, investments, shares, etc;
f. Other assets
Maintenance
a) Amount;
b) Dum casta clause which stipulates that the spousal maintenance obligation will cease
when the other party remarries or lives together as husband and wife with another
person.
c) Once off payment - clean break principle
5. Costs
6. Full and Final Settlement
7. Dated and signed. (1)

Question 4 (10)

B&C instituted legal action in the Magistrates Court by way of a combined summons, citing
both AAA and John as defendants. The claim relates to the dishonoured cheque for R300
000. 00. John attends to your office and drops of two copies of the summons after they were
served on the receptionist of AAA. He wants to know if the service on the receptionist is
acceptable and what the prospects of success are under the circumstances.
Required: Draft a comprehensive letter to your client in which you inform him of the
validity of the service, the consequences of failing to deliver a notice of intention to defend
and/or of defending the matter and the implications thereof. You have to deal extensively
with the issues and the requirements and/or onus on B&C should it proceed against both
AAA and John. You will then need to request instructions to act in terms of your instructions.

Proposed Guideline for Markers (Impression mark to be given taking into account the
following guideline):
This would be an impression mark in which markers will assess the ability of candidates to
draft general correspondence.
 Pay specific attention to who the letter is addressed to, whether there is a subject line,
a date (2),
 whether the client is informed that the service will be accepted as the rules allow for
such service for both AAA and John and the explanation (2)
[Rule 9(3)(c) - To the said person personally or to his or her duly authorised agent:
Provided that where such person is a minor or a person under legal disability, service
shall be effected upon the guardian, tutor, curator or the like of such minor or person
under disability; at the residence or place of business of the said person, guardian,
tutor, curator or the like to some person apparently not less than 16 years of age
and apparently residing or employed there . . .

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  9(3)(e) - in the case of a corporation or company, by delivering a copy to a
responsible employee thereof at its registered office or its principal place of
business within the court's jurisdiction, or if there is no such employee willing to
accept service, by affixing a copy to the main door of such office or place of business,
or in any manner provided by law; . . .],
 of the consequences of not delivering a notice of intention to defend (default
judgment for both defendants) (1),
 the consequences of delivering a notice of intention to defend (matter becomes
defended and summary judgment (1) may follow against John only as the cheque
was drawn from his personal account (1) and summary judgment may in terms of
Rule 14(1) be granted in respect of on a liquid document (1),
 cost implications in each instance with regards to defended and undefended matters
(1),
 alternatively the matter proceeds to trial, plea to be filed and preparation for trial (1),
 candidate requests instructions (1).

Question 5 (10)

5.1

IN THE MAGISTRATE’S COURT FOR THE DISTRICT OF XXX HELD AT XXX

CASE NO.: 375/12/17

In the matter between:

THE STATE

Versus

JACOB MUTSAVI The Accused

STATEMENT AND ADMISSION IN TERMS OF SECTION 112 (2) OF THE CRIMINAL

PROCEDURE ACT 51 OF 1977

I, the undersigned, Jacob Mutsavi, do hereby declare as follows:

1.
I am the Accused in the abovementioned matter and I fully understand the nature of the
charge against me.

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 2.
I plead guilty to a contravention of Section 122 (1) (a) of Act 29 of 1989 i.e. driving a motor
vehicle whilst under the influence of intoxicating liquor.

3.
I hereby make the following formal admissions in amplification of my plea aforesaid:

I. On the 27th of April 2019 I was the driver of motor vehicle bearing registration letters
“MANIAC - ZN” on the Main Road in Durban, a public road in the district of
Durban.
II. Prior to driving my motor vehicle I had consumed intoxicating liquor to with 3 double
brandies.
III. I was stopped at a road block and a breathalyzer test was administered which results
indicated that I had consumed alcohol.
IV. A blood sample was subsequently taken by the district surgeon within one hour of my
arrest.
V. I have perused the Blood Alcohol Analysis report and accept the results that the level
of alcohol in my blood was 0,25g/100ml.

4.
I make the following formal admissions in terms of S220 of the Criminal Procedure Act:

(a) The blood alcohol analysis report

5.

I know that it was wrong to drive a motor vehicle whilst being under the influence of
intoxicating liquor and notwithstanding such knowledge, I continued to do so. I there acted
unlawfully and accordingly plead guilty.

DATED AT …………… ON THIS ………….DAY OF ……………….2019.

……………………...…………
…
JACOB MUTSAVI

(10)

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5.2. List the Accused’s personal circumstances and facts personal to the Accused
1. Age – 38 years old;
2. Divorced but has dependants (2 children – ages and disabled mother);
3. Employment – bus driver and needs his license to remain employed;
4. First Offender;
5. Clean driver’s license;
6. Earnings – R?;
7. No-one injured;
Any relevant factor such as reduced blameworthiness; citizen that makes a
contribution to the economy.

Objects of sentence are retribution (fine) or prevention, deterrence (suspended sentence will
achieve this purpose) and rehabilitation (accused hardly likely to repeat the offence).

Appropriate sentence would be fine and suspended sentence

NB. Accused requires his driver’s license for work. Request that the driver’s license not be
suspended. Suspension of driver’s license will have an adverse effect on employment and
consequently on his family. (10)

Question 6 (10)

(Mark up to a maximum of 10 marks based on pointers below; however, the letter as a whole
must also be evaluated):

Date: ……………. (insert)

To: ……………….(insert Employee)
By hand

NOTIFICATION OF A DISCIPLINARY HEARING

This serves to notify you that you will be required to attend a disciplinary hearing on
……….(date) at ……... (time) in the …………. (place). The hearing will be chaired by ……,
a partner of the firm of the employer. [1 mark]

The charges against you relate to Misconduct in that: (1)

1. On or about …………….. 2019 you assaulted a fellow employee (1)

2. Bringing the Company into Disrepute in that the assault took place in
public outside the Company premises whilst you with still in Company
uniform. (1)

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 [award 3 marks in total for the description of the charges]

In terms of the employer’s disciplinary code all of these offences could lead to summary
dismissal, depending, inter alia, on the seriousness of the offence. [1 mark]

You have the following rights:

1. you may be represented at the hearing by a fellow employee or trade union
representative; [1 mark]
2. you are entitled to question any of the employer’s witnesses; [1 mark]
3. you may call your own witnesses; 1 mark]
4. you are entitled to an interpreter. You are requested to notify management prior to the
hearing if an interpreter is required in order to allow for the necessary arrangements to
be made. [1 mark]

You have the right to be present at the hearing. If you fail to attend without good cause, the
hearing will be conducted in your absence. [1 mark]

Yours sincerely

…………………..
Employer

I, the undersigned, confirm that I have received the above notification. [1 mark]

………………….. …………………
Employee Date

Total: [100]

14