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CPR3701 Exam solutions 2023 (corrections)
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CPR3701 Exam solutions 2023 (corrections)
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,SECTION 11.1 A, B and C are involved in criminal activities which give rise to charges of rape and
murder. The offences are alleged to have taken place in Mamelodi, Pretoria, on 16 June
2022. The investigating officer, Sgt. H, initially only manages to arrest A and C.
1.1.1 Which part of the law determines the procedure to be followed by the court in the
subsequent criminal proceedings? (1)
1.1.2 Which part of the law determines the elements of the offence which must be proved by
the prosecution in establishing its case? (1)
1.1.3 The Public Prosecutor, Miss PP, and the investigating officer, Sgt. H, are of the view
that the matter should be heard in the district court. Briefly discuss the feasibility of this
view, in the context of South African criminal procedural law. (2)
1.1.4 During the subsequent criminal proceedings the presiding officer, M, informs the
prosecution and the defence that she is, in fact, the ‘master of the case’, and that she,
therefore, has the power to determine the charges against the accused. Briefly discuss
the accuracy of M’s assertion. (2)
1.1.5 In her haste to proceed with the case, M, somehow omits to inform A and C about their
right to legal representation. Briefly discuss the procedural and substantive
consequences of the failure by M to inform A and C about their right to legal
representation. (2)
1.1.6 B is apprehended a few weeks after the arrest of A and B. Briefly discuss the procedure,
in terms of section 155 of the Criminal Procedure Act 51 of 1977, which is supposed to
unfold when B appears before court with A and C. (2)
1.1.1 The procedure to be followed by the court in subsequent criminal proceedings is determined by the
Criminal Procedure Act 51 of 1977. This legislation sets out the rules and guidelines that govern the conduct of
criminal trials and the rights of both the accused and the prosecution.
1.1.2 The elements of the offense that must be proved by the prosecution in establishing its case are
determined by the substantive criminal law. In South Africa, the substantive criminal law is primarily derived from
the common law and supplemented by statutory offenses. The specific elements required to prove charges of
rape and murder would be outlined in the relevant sections of the law.
1.1.3 The feasibility of hearing the matter in the district court depends on the nature and severity of the charges.
In South African criminal procedural law, the district court has jurisdiction over less serious offenses, while more
serious offenses are generally heard in the regional court or the high court. Rape and murder are typically
considered serious offenses, and the regional court or the high court would be the appropriate forum for such
,cases. Therefore, if A, B, and C are charged with rape and murder, it would be more appropriate for the matter
to be heard in the regional court or the high court.
1.1.4 The assertion by the presiding officer, M, that she is the 'master of the case' and has the power to
determine the charges against the accused is inaccurate. In South African criminal law, the power to determine
the charges rests with the prosecution, not the presiding officer. The prosecution decides which charges to bring
against the accused based on the evidence and the applicable law. The presiding officer's role is to ensure a fair
trial, interpret and apply the law, and make rulings on procedural matters during the trial.
1.1.5 The failure by M to inform A and C about their right to legal representation has both procedural and
substantive consequences. Procedurally, it violates the accused's right to legal representation, which is a
fundamental right enshrined in the South African Constitution and protected by the Criminal Procedure Act. This
failure may undermine the fairness of the trial and may be grounds for appeal or the proceedings being set
aside. Substantively, it may also affect the accused's ability to present a robust defense and exercise their rights
fully during the trial.
1.1.6 According to Section 155 of the Criminal Procedure Act 51 of 1977, when B appears before the court with
A and C, the court must inform B of the charges against him and explain his rights. B should be given the
opportunity to apply for bail if he wishes to do so. The court will then proceed with the trial, and all three accused
(A, B, and C) will be subject to the same legal proceedings, including the presentation of evidence, examination
of witnesses, and legal arguments. The court will make a determination based on the evidence presented and
the applicable law.
SECTION 2
2.1 A and B are involved in a bruising physical brawl. B subsequently succumbs to the
injuries sustained during the fight and dies in hospital. The Director of Public
Prosecutions (DPP) is not convinced that the prosecution has a ‘winnable’ case, and
decides to withdraw the case.
The company for which for which B worked, BD Constructions, claims to have
experienced a ‘profound sense of loss’ occasioned by B’s death. The directors of the
company want to pursue (in the name of BD Constructions) criminal action against A.
Advise BD Constructions accordingly. (4)
Hints: your answer should contain:
i. the applicable course of action to be followed after the DPP’s prosecutor’s
decision;
ii. the locus standi of BD Construction, and whether the company is eligible to
proceed with any legal action as set out on p. 93 par. 5.3.2, of the prescribed
textbook
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