Salomon V Salomon

QUESTION 1 One evening, Joseph went for a drink at the Hedonist Bar at Manzini where he met Pamela, an attractive young woman. It was love at first sight, and the two love birds sat at a secluded corner of the bar to enjoy drinks. Unknown to Joseph, Pamela had a steady boyfriend, Elliot, who incidentally, was also at the bar having drinks with his friends. On his way to the rest room, Elliot saw Joseph with his girl. He was not amused. He approached Joseph, waging his clenched fist and made a lunge at him. Elliot was restrained by other patrons at the bar. Before Joseph could react, Elliot pulled out a sjambok from under his shirt and smacked him across the face, opening a huge gash on Joseph's forehead. Elliot, in absolute fury, took a steel chair and threw it at Joseph. The chair hit Joseph's arm with great force, breaking the bones in the arm. Not satisfied, Elliot drew a revolver from his hip pocket and told joseph, "I am going to shoot you!" He pulled the trigger, but the gun failed to fire because it was unloaded.
Elliot then turned to Pamela and said, "You are coming with me". Pamela obediently followed him. He took her to a hut and locked the door. Then wielding a knife and threatening to kill her, he ordered her to lie down. She obeyed and he had sexual intercourse with her. Charged with rape, Elliot argues that he did not rape her because he penetrated her anus with his finger only. Alternatively, he argues that even if he penetrated Undiwe's vagina, the sexual intercourse was consensual because Undiwe did not struggle or offer any resistance. Discuss all legal issues arising. [40 Marks]
QUESTION 2 "No person already legally married may marry in terms of this Act during the subsistence of the marriage, irrespective of whether that previous marriage was in accordance with Swazi law and custom or civil rites and any person who purports to enter into such a marriage shall be deemed to have committed the offence of bigamy". Section 7{1), the (Family)...