Case Law

Question 1

List the case laws under emancipation:

Answer 1

• Vista University Bloemfontein Campus v Student Representative Council, Vista University 1998
• Dickens v Daley 1956
• ## Watson v Koen

Question 2

Name the case for Nasciturus Fiction

Answer 2

Ex parte Boedel Steenkamp

Question 3

Explain the Choice of Termination Act of 1996

Answer 3

• Allows termination of pregnancy within the first trimester (12 weeks)
• has exceptions post 12 weeks of pregnancy (if the individual shows signs of inability to support themselves and the unborn)
• Act states that the foetus/unborn does not have legal personality however may have rights (e.g.: inheritance) thus can exercise rights or grain from rights when born alive

Question 4

What does the National Health Care Act 61 of 2004 state regarding the end of legal personality?

Answer 4

• It states that a person is dead when he/he is declared brain dead