A well-known businessman, Mr Shakes, is arrested and accused of committing massive fraud and corruption relating to government tenders. It is alleged that he, inter alia, bribed a high-ranking government official to obtain many of these tenders. While he is detained, the police search his house and...
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LEV3701
LAW OF EVIDENCE
UNISA
2021
Unique assignment number: 807271
ASSIGNMENT NUMBER 1
DUE DATE:1 JUNE 2021
TOTAL: 30 MARKS
NOTE
THIS ASSIGNMENT CONTAINS FOOTNOTES AS REQUIRED.
, Compulsory assignment 01
Due date: 1 June 2021 Unique assignment number: 807271
A well-known businessman, Mr Shakes, is arrested and accused of committing
massive fraud and corruption relating to government tenders. It is alleged that
he, inter alia, bribed a high-ranking government official to obtain many of these
tenders. While he is detained, the police search his house and place of business,
and the offices of his attorney. Amongst other incriminating documentation,
they seize a fax that is important proof of the generally corrupt relationship
between Mr Shakes and the high-ranking government official. During his bail
application, Mr Shakes is faced with a hard choice: if he testifies in order to
ensure his release on bail, he will also give evidence that will incriminate him on
the main charge. Fully answer the following questions with reference to the
stated facts:
1 Is evidence given by an accused during his bail application admissible against
him at the trial? Discuss with reference to S v Dlamini 1999 (2) SACR 51 (CC).
(10)
The privilege against self-incrimination is manifested in various rights which are
contained in the Bill of Rights, including the rights of an arrested person to remain
silent (s 35(1)(a))1, or not to be compelled to make any confession or admission that
could be used in evidence against that person (section 35(1)(c))2, and the right of an
accused person to be presumed innocent, and not to testify at trial (section 35(3)(h)).
3
1
Law of Evidence Amendment Act, 45 of 1988
2
Law of Evidence Amendment Act, 45 of 1988
3
Schwikkard and Van der Merwe Principles of Evidence 4th ed.
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