Protecting the interests of unborn children: 1. Using the nasciturus fiction in succession, maintenance, care and delict (??) matters; 2. Is there a role for the fiction in WL / WB matters? For Thursday: Adv Gavin Dugmores lecture on the Mtati case For next week Wednesday: Is there a role for the fiction in TOP matters? CTOP Act
2. Statutory protection
alienation or mortgaging property held ito a fideicommissum. Security must be given to the satisfaction of the Master for delivery of the property after the childs birth.
Fiction vs Rule?
Van der Vyver & Joubert and Van der Merwe = RULE Heaton, Boezaart, Kruger and Robinson, Schafer, Spiro etc. = FICTION
Is there any role for the nasciturus fiction in wrongful life actions?
For Thursday
Read the Chisholm, Pinchin and Mtati cases June 2008 Persons exam:
You are an attorney. Nombulelo Mkhize comes to you for advice. Six months previously, Nombulelo gave birth to Thandi. Thandi was born with congenital syphilis. Nombulelo advises that, before Thandi was conceived, she received a blood transfusion from Fort Fordyce Hospital in the Eastern Cape and, as a result, contracted syphilis. There is no doubt that the botched blood transfusion was the proximate cause of the syphilis she contracted and, in turn, the congenital syphilis that Thandi contracted. She now wants to sue the hospital for the harm caused to her and her child. Advise Nombulelo fully, with reference to case law.