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CPR3701 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 15 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!) $16.82
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CPR3701 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 15 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!)

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CPR3701 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 15 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!) Questions NB: PLEASE NOTE THAT ALL THE QUESTIONS BELOW REFER TO THE SET OF FACTS SET OUT BELOW: In Vermeulen, a town in the Northern Cape, South Af...

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  • October 15, 2024
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  • 2024/2025
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CPR3701 PORTFOLIO

MEMO

OCTOBER/ NOVEMBER 2024

SEMESTER 2 – 2024 - UNISA

15 OCTOBER 2024

UNIQUE NUMBER: -


Questions




NB: PLEASE NOTE THAT ALL THE QUESTIONS BELOW REFER TO THE SET OF

FACTS SET OUT BELOW:




In Vermeulen, a town in the Northern Cape, South Africa, two rival gangs, the

Hard Dyings and the Live to Die are involved in a long-standing territorial

struggle. One afternoon, a group from the Live to Die gang attacks another from

the Hard Dyings, at Strasso Street, Vermeulen. The members of the Live to Die

gang attack those of the Hard Dyings with an assortment of weapons. A, a

,member of the Hard Dyings, is subsequently found dead by the police at the

scene of the altercation.

Section 1




1.1 C, an alleged member of the Live to Die gang, is arrested in Johannesburg,

Gauteng, for the alleged murder of A during the gang-related altercation. Upon

the police charging C, the prosecutor, P, is of the view that the case should be

heard in the district court. Briefly discuss the accuracy or otherwise of the

prosecutor’s view in this regard. (2)




1.2 In any instance where the DPP declines to prosecute for an alleged offence,

the Criminal Procedure Act 51 of 1977 (hereinafter, “the CPA”) permits aggrieved

individuals to institute and conduct a prosecution in respect of the alleged

offence in any competent court. H, A’s brother, is not satisfied with the

prosecutor’s decision not to proceed with the case against C. Briefly discuss

whether H has locus standi to proceed with a private prosecution against C. (2)




1.3 In terms of section 35(1)(d)(i) of the Constitution of the Republic of South

Africa, 1996 (hereinafter, “the Constitution”), and section 50 of the CPA, an

arrested person must be brought to court within 48 hours of arrest. C was

arrested by the police on Tuesday morning at around 11h00. The investigating

officer, Sergeant Nosey Kekana, still needs to conduct further investigations. As

a result, he makes C to appear in court on Thursday of the same week, at 15h00.

, Briefly explain whether Sergeant Kekana acted within the ambit of the law set

out above. (2)




1.4 In terms of South African law, the courts of the Republic may only exercise

jurisdiction in respect of offences committed on South African territory. The

investigating officer, Sergeant Nosey Kekana, receives information from the

authorities in Botswana that C is being sought in Botswana in connection with

the alleged robbery of the Botswana People’s Bank (BPB). P, the prosecutor, is

not keen on extraditing C to Botswana. Briefly discuss whether the charges

(relating to the offences committed in Botswana) may be tried in South Africa,

or in Botswana. (2)




1.5 During the subsequent proceedings, the matter against C is “held over”

several times for further investigations, before C pleads to the charges. Briefly

explain whether the holding over of the proceedings constitute adjournments or

postponements, and the reason behind your answer. (2) [10]




Section 2

2.1 Section 39 of the CPA deals with the “pillars” that underpin lawful arrests.

Sergeants Skop Madonoro and Piet Pompies pursue suspects running in a

direction away from the altercation between the Live to Die and Hard Dyings

gangs. They accost D, a young man, running away in the opposite direction of

the gang fight. Sergeant Madonoro orders D to stop, and he (D) obliges.

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