lOMoARcPSD|6199976
lOMoARcPSD|6199976
CPR3701 TEST YOUR SELF MCQ QUESTIONS
1. Open justice can be equated with the concept that justice must be “seen to be done”.
True -Dzukuda case (2000) judgement – Handbook Pg293 para 2.1/ pg276 para 1
2. Open justice is protected by the right to a fair trial and is an absolute right. False. No
right is absolute. The limitation of the rights follows the criteria outlined in section 36 of
the Constitution.
3. The court cannot exclude any member of the public from the trial of an adult accused.
False. S153 (1) of CPA empowers all courts to exclude the public whenever it appears to
be in the interests of the security of the state or good order or public morals, or the
administration of justice. Handbook pg. 277 para 1, 1st bullet point
4. In cases where a witness for the state is about to abscond, the prosecutor may apply for
a warrant of arrest and have the said witness detained pending the trial.
True. Section 188 of CPA, witness may be arrested. Handbook pg 278 para 2.1
5. Co-accused are ordered numerically. True. Handbook pg284 para 1.1
6. The prosecution decides the numerical order of co-accused at a trial. True. Handbook
pg284 para 1.1
7. The court can of its own accord raise the issue of separation. True. The fact that neither
the prosecution nor the accused has asked for separation of trials does not preclude the
court from raising the issue of its accord…. Handbook pg288 para 6.1
8. The principle of legality is constitutionally entrenched. True Section 35 (3) (l) of the
Constitution of the Republic of South Africa. Handbook pg294 para 2.2
1
, 9. The principle of equality of arms is founded on equal opportunities being available to
both the state and the defence to prove their respective cases. True. However, this
approach is only valid if the prosecution and defence have equal opportunities
Handbook Pg296 Para 2.4
10. The merits of a case are the cardinal point of the court’s considerations when
determining whether to convict or acquit. True
11. Where required, the entire judgment of the court must be translated into a language
that the accused understands. True
12. In cases where the charge pertains to multiple acts or omissions, the court must deliver
judgment separately on each individual` charge. False
11. Some sentences do not constitute punishments. True, such as most suspended sentences
and caution. Handbook pg325 para 2.2
12. In Rabie 1975 (4) SA 855 (A) 862G, the court summarised the general principles of
sentencing. True. Punishment should fit the criminal as well as the crime, be fair to
society and be blended with a measure of mercy according to the circumstances
Handbook pg 326 para 4.
13. Imprisonment, committal to a treatment centre, a fine and correctional supervision are
the only sentences that can be imposed by a court. False. Ordinary imprisonment,
Imprisonment for life, Declaration as dangerous criminal, Declaration as an habitual
criminal…Handbook pg335 para 10.1
14. Periodical imprisonment is a form of short-term imprisonment and is also informally
known as “weekend imprisonment”. True. It is a form of imprisonment requiring prisoners
to be imprisoned for short period. Handbook pg340.para10.2.2.5
2
, 15. The Constitution secures a general right of review. True, Section 35 (3) (o) of the
Constitution guarantees the right to reappraisal of the criminal proceedings by means of
review and appeal. Leading case is S v Ntuli 1996 (1) SACR 94 (CC).
16. Fairness no longer entails enquiring whether there was a failure of justice, but whether
the trial was fair. True, Section 35(3) of the final Constitution extended this restricted
understanding of the concept of fairness and enlarged enquiry. Handbook pg365 para
1.1.1
17. Review is more appropriate than appeal in cases where the accused is dissatisfied with
the procedures during the trial. True, the accused may seek relief by way of review.
Handbook pg366 para 1.1.2
18. There is a general right of appeal in South Africa. True, After the decision in Minster of
Justice v Ntuli 1997 (2) SACR 19 (CC), all convicted persons, irrespective of whether
such a person was legally represented or not, imprisoned or not had an unlimited or
absolute of appeal to a court of a higher instance against a decision or order of a lower
court
19. The right of appeal is justifiably limited by section 36 of the Constitution. True, the criteria
of an acceptable limitation of the rights entrenched in the Bill of Rights are enumerated in
section 36 of the Constitution, namely that they must be reasonable and justifiable in an
open and democratic society based on human dignity, freedom and equality. Handbook
pg397 para 1.2.2
20. A person can appeal against the sentence imposed or the conviction – not both. True
21. The Constitution empowers the President to pardon or reprieve offenders in certain
circumstances. True, subject to and in accordance with the Constitution, to pardon or
reprieve offenders and to remit fines, penalties of forfeitures. Handbook pg451 para 1
22. The President is empowered to remit any fine, penalty or forfeiture within the confines of
the Constitution. True, see No. 21
3
, 23. The Department of Justice and Constitutional Development has the sole responsibility to
expunge records on application by the accused. True, The Department has a
responsibility to expunge convictions, for issuing certificates of expungement, charging
the criminal record centre of the police with erasure of the criminal record for those
convictions. Handbook pg454 para 2
24. The notion of “open justice” establishes a protective function in respect of the fair-trial
rights of the accused. True
25. Open justice can be limited in cases where the accused is in danger of being exposed
as a state informant. True, Section 153 (1) empowers all courts to exclude the public
whenever it appears to be in the interests of the security of the State or good order, or
public morals or the administration of justice Handbook pg277 para 1
26. The accused can testify by way of closed-circuit television in cases where an open trial
may cause him or her emotional or physical harm. True, Handbook page 277 para 1
27. Witnesses are protected in cases of sexual assault and extortion by way of the court’s
discretion to “close the court”. True
28. Irrespective of the charge, if a matter relates to an adult accused and complainant, the
court cannot exclude the public from the trial in the interests of justice. False, (See no. 3)
29. The court, the prosecutor and the accused all have the power to subpoena witnesses.
True, it is always the prosecutor and the accused however the court may itself cause the
witnesses to be subpoenaed. Handbook pg278 para 2.1
30. The advantage of a joint trial is that it saves the state resources and time. True. A joint
trial is at times also the tactical advantage for the prosecution if the co- accused blame
each other. Handbook pg284 para 2
4
lOMoARcPSD|6199976
CPR3701 TEST YOUR SELF MCQ QUESTIONS
1. Open justice can be equated with the concept that justice must be “seen to be done”.
True -Dzukuda case (2000) judgement – Handbook Pg293 para 2.1/ pg276 para 1
2. Open justice is protected by the right to a fair trial and is an absolute right. False. No
right is absolute. The limitation of the rights follows the criteria outlined in section 36 of
the Constitution.
3. The court cannot exclude any member of the public from the trial of an adult accused.
False. S153 (1) of CPA empowers all courts to exclude the public whenever it appears to
be in the interests of the security of the state or good order or public morals, or the
administration of justice. Handbook pg. 277 para 1, 1st bullet point
4. In cases where a witness for the state is about to abscond, the prosecutor may apply for
a warrant of arrest and have the said witness detained pending the trial.
True. Section 188 of CPA, witness may be arrested. Handbook pg 278 para 2.1
5. Co-accused are ordered numerically. True. Handbook pg284 para 1.1
6. The prosecution decides the numerical order of co-accused at a trial. True. Handbook
pg284 para 1.1
7. The court can of its own accord raise the issue of separation. True. The fact that neither
the prosecution nor the accused has asked for separation of trials does not preclude the
court from raising the issue of its accord…. Handbook pg288 para 6.1
8. The principle of legality is constitutionally entrenched. True Section 35 (3) (l) of the
Constitution of the Republic of South Africa. Handbook pg294 para 2.2
1
, 9. The principle of equality of arms is founded on equal opportunities being available to
both the state and the defence to prove their respective cases. True. However, this
approach is only valid if the prosecution and defence have equal opportunities
Handbook Pg296 Para 2.4
10. The merits of a case are the cardinal point of the court’s considerations when
determining whether to convict or acquit. True
11. Where required, the entire judgment of the court must be translated into a language
that the accused understands. True
12. In cases where the charge pertains to multiple acts or omissions, the court must deliver
judgment separately on each individual` charge. False
11. Some sentences do not constitute punishments. True, such as most suspended sentences
and caution. Handbook pg325 para 2.2
12. In Rabie 1975 (4) SA 855 (A) 862G, the court summarised the general principles of
sentencing. True. Punishment should fit the criminal as well as the crime, be fair to
society and be blended with a measure of mercy according to the circumstances
Handbook pg 326 para 4.
13. Imprisonment, committal to a treatment centre, a fine and correctional supervision are
the only sentences that can be imposed by a court. False. Ordinary imprisonment,
Imprisonment for life, Declaration as dangerous criminal, Declaration as an habitual
criminal…Handbook pg335 para 10.1
14. Periodical imprisonment is a form of short-term imprisonment and is also informally
known as “weekend imprisonment”. True. It is a form of imprisonment requiring prisoners
to be imprisoned for short period. Handbook pg340.para10.2.2.5
2
, 15. The Constitution secures a general right of review. True, Section 35 (3) (o) of the
Constitution guarantees the right to reappraisal of the criminal proceedings by means of
review and appeal. Leading case is S v Ntuli 1996 (1) SACR 94 (CC).
16. Fairness no longer entails enquiring whether there was a failure of justice, but whether
the trial was fair. True, Section 35(3) of the final Constitution extended this restricted
understanding of the concept of fairness and enlarged enquiry. Handbook pg365 para
1.1.1
17. Review is more appropriate than appeal in cases where the accused is dissatisfied with
the procedures during the trial. True, the accused may seek relief by way of review.
Handbook pg366 para 1.1.2
18. There is a general right of appeal in South Africa. True, After the decision in Minster of
Justice v Ntuli 1997 (2) SACR 19 (CC), all convicted persons, irrespective of whether
such a person was legally represented or not, imprisoned or not had an unlimited or
absolute of appeal to a court of a higher instance against a decision or order of a lower
court
19. The right of appeal is justifiably limited by section 36 of the Constitution. True, the criteria
of an acceptable limitation of the rights entrenched in the Bill of Rights are enumerated in
section 36 of the Constitution, namely that they must be reasonable and justifiable in an
open and democratic society based on human dignity, freedom and equality. Handbook
pg397 para 1.2.2
20. A person can appeal against the sentence imposed or the conviction – not both. True
21. The Constitution empowers the President to pardon or reprieve offenders in certain
circumstances. True, subject to and in accordance with the Constitution, to pardon or
reprieve offenders and to remit fines, penalties of forfeitures. Handbook pg451 para 1
22. The President is empowered to remit any fine, penalty or forfeiture within the confines of
the Constitution. True, see No. 21
3
, 23. The Department of Justice and Constitutional Development has the sole responsibility to
expunge records on application by the accused. True, The Department has a
responsibility to expunge convictions, for issuing certificates of expungement, charging
the criminal record centre of the police with erasure of the criminal record for those
convictions. Handbook pg454 para 2
24. The notion of “open justice” establishes a protective function in respect of the fair-trial
rights of the accused. True
25. Open justice can be limited in cases where the accused is in danger of being exposed
as a state informant. True, Section 153 (1) empowers all courts to exclude the public
whenever it appears to be in the interests of the security of the State or good order, or
public morals or the administration of justice Handbook pg277 para 1
26. The accused can testify by way of closed-circuit television in cases where an open trial
may cause him or her emotional or physical harm. True, Handbook page 277 para 1
27. Witnesses are protected in cases of sexual assault and extortion by way of the court’s
discretion to “close the court”. True
28. Irrespective of the charge, if a matter relates to an adult accused and complainant, the
court cannot exclude the public from the trial in the interests of justice. False, (See no. 3)
29. The court, the prosecutor and the accused all have the power to subpoena witnesses.
True, it is always the prosecutor and the accused however the court may itself cause the
witnesses to be subpoenaed. Handbook pg278 para 2.1
30. The advantage of a joint trial is that it saves the state resources and time. True. A joint
trial is at times also the tactical advantage for the prosecution if the co- accused blame
each other. Handbook pg284 para 2
4
