DOMICILE

Question 1

AV v WV

FACTS 1

Answer 1

A want divorce W in SA
W work in Dubai and thus they have temp residence in Dubai.
Domicile of origin for A and W is South Africa->none abandoned their domicile of origin->none chose Dubai as their domicile of choice .:court has jurisdiction.

Question 2

ALAM v MINISTER OF HOME AFFAIRS 2012 (5) SA626 (ECP)

FACTS

Answer 2

Plaintiff from Bangladesh->applied for refugee status->extended
Arrested by Immigration Officer and treated wrongly in holding->bc not resident of SA->judged asked if domicile of choice applies, found it does->sees the plaintiff can be viewed as a permanent resident because SA is his domicile of choice

Question 3

WHAT IS THE SIGNIFICANCE OF DOMICILE?

Answer 3

Your legal home
Law regards permanent home for exercising rights
Regulates PL matters-> citizenship=pub law relationship bet individual and state
Connects pp to country PL system
Determines status, capacity, jurisdiction and resolves choice of law dealing with disputes->AvW

Question 4

PRINCIPLES GOVERNING DOMICILE

Answer 4

Determines where person domiciled
D is exclusive
It tenacious
Change of D must be proved

Question 5

TYPES OF DOMICILE

Answer 5

Of choice
Of closest connection
Of origin