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Multi choice questionsExamination 2019
Question 1
(a) Section 35(1) of the Constitution provides that every accused person has the
right to be informed promptly of the reason for being detained.
(b) Section 35(2) of the Constitution provides that every detained person has the
right to a fair trial, includes the right to choose, and to consult with a legal
practitioner, and to be informed of this right promptly.
(c) Section 36(1) of the Constitution provides that rights which are granted in
terms of chapter 2 of the Constitution may be limited by statute and the
common law. The two most important factors that play a role here are the
right to a fair trial and the administration of justice.
(d) In terms of section 35(1) of the Constitution every arrested person has the
right to adduce and to challenge evidence and not to be a compellable
witness against himself or herself.
(1) All the statements are correct.
(2) Only statements (a), (b) and (c) are correct.
(3) Only statements (c) and (d) are correct.
(4) Only statement (b) is correct.
(5) Only statements (b) and (c) are correct.
Question 2
(a) An unfavourable witness is someone who testifies with the intention to
prejudice the case of the party who called him.
(b) A witness who wished to rely on privilege, e.g. the privilege against self-
incrimination, may refuse to enter witness box. onwaar
(c) The law as to the competence and compellability by a residuary clause in the
Criminal Procedure Act 51 of 1977.
(d) In civil proceedings the spouse of a party is always a competent and
compellable witness for and against the party concerned, although the rules
relating to privilege may prevent a spouse from revealing certain facts to the
court.
(1) All the statements are correct.
(2) Only statements (a), (c) and (d) are correct.
(3) Only statements (a) and (b) are correct.
(4) Only statements (c) and (d) are correct.
(5) Only statement (d) is correct.
Question 3
1
,X and Y are accused of removing Y’s son from the custody of his estranged wife
(Wendy) and kidnapping him. Wendy was n eyewitness to the kidnaping. Consider
the following statements.
(a) Wendy can be described as a competent and compellable witness against Y
(b) Y can compel Wendy to testify on his behalf.
(c) X can compel Wendy to testify on his behalf.
(d) Y can compel X to testify in defence of Y.
(1) All the statements are correct.
(2) Only statements (a) and (b) are correct.
(3) Only statements (a), (b) and (c) are correct.
(4) Only statements (a) and (c) are correct.
(5) Only statements (b) and (d) are correct.
Question 4
(a) In a civil case, the court is free to call witnesses out of its own accord and
without the consent of the parties involved.
(b) Re-examination is undertaken by the party who called the witness and leading
questions are allowed.
(c) A question that suggest the required answer to the question is not allowed
during examination-in-chief.
(d) After both parties in a criminal matter have presented evidence, the accused
may ask to be discharged in terms of section 174 of the Criminal Procedure
Act 51 of 1977.
(1) All the statements are correct.
(2) Only statements (a), (b) and (c) are correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (c) are correct.
(5) Only statements (b) and (d) are correct.
Question 5
2
,(a) When fingerprints are used, an enlargement of the accused’s fingerprint is
compared in court with that of a fingerprint found at the scene of the crime. If
seven points if similarity are found, this will usually amount to proof upon a
preponderance of probabilities that the same person made the two sets of
prints.
(b) When footprints are used as evidence, an enlargement of the accused’s
footprint is compared in court with that of a footprint found at the scene of the
crime. If seven points of similarity are found, this will usually amount to proof
beyond reasonable doubt that the same person made the two sets of prints.
(c) Blood and tissue, as well DNA, are examples of expert evidence which need
to be explained by someone with knowledge in this regard.
(d) Photographs may sometimes constitute documentary evidence, particularly
when the photograph is used to represent some situation and that situation is
the subject matter of the particular court case.
(1) All the statements are correct.
(2) Only statements (a), (b) and (d) are correct.
(3) Only statements (b) and (c) are correct.
(4) Only statement (c) is correct.
(5) Only statement (d) is correct.
Question 6
Jack is accused of raping a fellow student. During cross-examination of the victim, it
is put to her that she is lying about the identify of the accused. In an attempt to
establish the victim’s credibility, the prosecutor calls her roommate to testify that the
complainant told her a similar story. The roommate’s evidence will be:
(a) Hearsay
(b) Evidence about a previous consistent statement.
(c) Circumstantial evidence.
(d) Character evidence.
(1) Only statements (a), (c) and (d) are correct.
(2) Only statements (b) and (c) are correct.
(3) Only statement (b) is correct.
(4) Only statement (a) is correct.
(5) Only statement (d) is correct.
Question 7
3
, (a) In the case of an alleged offence of a sexual nature, evidence of a previous
consistent statement will inter alia be admissible if the complaint was made at
the first reasonable opportunity, but not later than 48 hours after the alleged
offence was committed.
(b) A previous consistent statement is usually made by an accused while in police
custody.
(c) There is question of a previous consistent statement when during testimony in
court, a witness repeats a statement consistent with one made on a previous
occasion, in order to corroborate his evidence.
(d) There is question of a previous consistent statement when a witness repeats
a consistent statement made by another witness on a previous occasion,
which serves as sell-corroboration for the other witness.
(1) Only statement (a) is correct.
(2) Only statements (a) and (b) are correct.
(3) Only statements (a), (b) and (c) are correct.
(4) Only statements (c) and (d) are correct.
(5) Only statements (b) and (d) are correct.
Question 8
During a civil matte the plaintiff wants to present the record of a witness’s evidence
in a criminal trial based on the same facts, as evidence against the defendant.
Consider the following statements:
(a) The evidence will be hearsay evidence.
(b) The evidence will be opinion evidence.
Later in the same civil matter, the plaintiff wants to furnish the record of the court’s
finding in the previous criminal matter as evidence in the civil matter.
(c) The evidence is admissible hearsay evidence.
(d) The evidence is admissible opinion evidence.
(1) Only statements (a) and (d) are correct.
(2) Only statements (b) and (d) are correct.
(3) Only statements (a) and (c) are correct.
(4) Only statements (b) and (c) are correct.
(5) Only statement (a) is correct.
Question 9
4
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