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LEV3701 Assignment 1 QUIZ (COMPLETE ANSWERS) Semester 2 2024 (150297)- DUE 21 August 2024
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LEV3701 Assignment 1 QUIZ(COMPLETE ANSWERS)
Semester 2 2024 (150297)- DUE
21 August 2024
CONTACT: biwottcornelius@gmail.com
,LEV3701 Assignment 1 QUIZ (COMPLETE ANSWERS)
Semester 2 2024 (150297)- DUE 21 August 2024
Question 1 Not yet answered Marked out of 1.00 QUIZ
Consider the following statements about the
compellability of spouses to testify and choose the
correct option: 1. Section 195 of the Criminal Procedure
Act 51 of 1977 has, to some extent, been amended by
section 68 of theCriminal Law (Sexual Offences and
Related Matters) Amendment Act 32 of 2007. Subsection
195(1)(a) nowexcludes a child that is merely in the care
of the wife or the husband. 2. In terms of section 196 of
the Criminal Procedure Act 51 of 1977, the spouse of an
accused is a competent as wellas a compellable witness
in defence of that accused, but only when such an
accused is jointly charged withsomeone else. 3. Section
195 of the Criminal Procedure Act 51 of 1977 is applicable
not only to people who are married whentestifying is at
stake, but also to people who were married when the
relevant crime was committed, even though themarriage
has been dissolved in the meantime. 4. If the accused is
jointly charged with someone else, the spouse of such an
accused will be competent andcompellable to give
evidence on behalf of that co-accused. Clear my choice
UNISA 2024 LEV3701-24-S2 Welcome Message
Assessment 1
To determine the correct option regarding the compellability of spouses to testify, let’s analyze
each statement:
1. Section 195 and its amendment: Section 195 of the Criminal Procedure Act 51 of 1977,
indeed addresses the compellability of spouses as witnesses. The Criminal Law (Sexual
Offences and Related Matters) Amendment Act 32 of 2007 has made amendments to
section 195. Specifically, it broadens the exceptions to spousal privilege, allowing
spouses to testify against each other in certain cases, such as sexual offenses involving
, children. However, the specific mention about a child merely in the care of the wife or
husband needs verification against the amended legislation.
2. Section 196: This section states that a spouse is both competent and compellable to
testify on behalf of the accused if the accused is charged alongside another person. This
implies that the spouse can be called upon as a witness not only for their partner but also
in cases where their partner is accused along with someone else, making them eligible to
support the defense of the accused.
3. Applicability to former spouses: Section 195 is generally interpreted to apply to current
marriages regarding the time of testimony. However, it also includes situations where the
couple was married at the time the offense was committed, even if they are no longer
married during the trial. This extends the spousal privilege to cover scenarios where the
marriage has ended but was intact during the commission of the crime.
4. Jointly charged accused: If the accused is tried with another person, the spouse can be a
competent and compellable witness for the co-accused. This enables the spouse to
provide testimony that might be relevant to the defense of the co-accused, not just their
spouse.
Correct Option: Given these analyses, all statements are true and correctly interpret the sections
mentioned regarding the compellability of spouses as witnesses. Therefore, all options provided
seem to be correct under the specified conditions.
Question 2 Not yet answered Marked out of 1.00 QUIZ A
crowd of people that are attending a rock concert are
attacked and robbed of their wallets and jewelry. X, Y and
Z, membersof the audience, capture footage of the
criminals on a camera (non-digital), a video-camera (non-
digital) and a cellular-phonerespectively. The robbers are
caught and charged with robbery. Consider the following
statements about the trial evidenceand choose the
correct option: 1. The photograph taken by X can be
regarded as documentary evidence because it is used to
represent somethingthat is the subject matter of the
court case. 2. According to S v Mpumlo 1986 (3) SA 485
(E) and S v Baleka (1) 1986 (4) SA 192 (T) the videotape
footage by Y canbe classifi ed as documentary evidence.
3. The data message captured on Z’s cellular phone
depicting the robbery is inadmissible and carries no
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