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LJU4804 Portfolio exam October/ November 2023 100% pass
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LJU4804 PORTFOLIO EXAM OCTOBER NOVEMBER 2023
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LJU4804October/November 2023
PRIVATE INTERNATIONAL LAW PORTFOLIO
LJU4804
QUESTION 1
Instructions: Read the set of facts below and answer the questions that follow. Mr
and Mrs Molefe got married in December 1982 while on vacation in Mauritius. At
the time of entering into the marriage, Mr and Mrs Molefe were both domiciled in
Botswana and were Botswanan citizens. Shortly after returning from their
honeymoon, Mr and Mrs Molefe immigrated to South Africa and established a
domicile in Pretoria. Three children were born from the marriage and Mr Molefe
stayed at home to look after them, since Mrs Molefe travelled extensively as the
CEO of a large telecommunications company. In June 2015, Mr Molefe instituted
divorce proceedings against Mrs Molefe in the North Gauteng High Court.
1.1 In terms of South African rules of private international law, the legal system that
applies to the formal validity of Mr. and Mrs. Molefe's marriage would generally be the
legal system of the place where the marriage was celebrated, which in this case is
Mauritius. Since they got married in Mauritius, the formal validity of their marriage would
likely be subject to Mauritian law.
1.2 In this scenario, since the Molefes did not conclude an antenuptial contract and
Botswanan matrimonial property law operates on the basis that marriages are out of
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