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Madlanga to Johnson: "You cannot say it's subjective, but then also refer to a reasonable person test. You cannot.
"I mean even a law student during first year would know that at a later stage during their first year of legal studies.
"In fact, across the board within legal studies, you go to your law of delict, you go to even criminal law, criminal law... You encounter the reasonable test across the board.
"So how you could mean mix the subjective test and the objective test completely escapes me.
"So back to my question, you... say the test under section 27 is a subjective test. Do you stand by that?
"Because if you do, it raises very serious issues about your application of this of the section over all these years.
"Are you sticking to your assertion that the test is subjective? Even though it uses reasonable. Once you have reasonable, that leads to the objective test, you should know that.
"Are you insisting that the test is object is subjective?"
Johnson: "It is an objective test of a reasonable person".
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