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ASSIGNMENT 2 2018 SEMESTER 1
Select the correct answer.
Question 1
(a) The law of evidence is part of the substantive law, since the substantive law determines
what elements must be proved in court before someone will be guilty of a crime.
(b) Roman-Dutch law is the common law of South Africa and therefore constitutes the
historical source of our procedural law.
(c) Section 206 of the Criminal Procedure Act 51 of 1977 is a residuary section because
it provides that the law as to the competency, compellability, or privilege of witnesses
which was in force in respect of criminal proceedings on 30 May 1910 shall apply in
any case not expressly provided for.
(d) In terms of section 35(1) of the Constitution, every person who is arrested has the right
to adduce and challenge evidence.
Answer 1
(1) None of the statements is correct.
(2) Only statements (a), (b) and (c) are correct.
(3) Only statement (c) is correct.
(4) Only statement (d) is correct.
(5) Only statement (a) is correct.
Unisa’s comment:
The correct answer is (1). None of the statements is correct. The correct
answers can be found at the following places in the study guide:
• Statement (a): See paragraph 2.1.
• Statement (b): See paragraph 3.1.
• Statement (c): See paragraph 3.3. The correct date is 30 May 1961.
• Statement (d): See paragraph 3.2. This right is given to accused persons.
Question 2
(a) During a trial, the court first has to consider the competency of a witness, then the
admissibility of evidence, and finally the weight or persuasive value of evidence. The
weight of evidence therefore plays no part when the court considers the admissibility
of that evidence.
(b) Irrelevant evidence will never be admissible, but relevant evidence will always be
admissible.
(c) An unfavourable witness is a witness who intends to prejudice the case of the party
who originally called the witness. When such a witness has been declared to be an
unfavourable witness by the court, that witness may be cross-examined by the party
who called the witness.
(d) If the accused is jointly charged with someone else, the wife of such an accused will
be competent to give evidence on behalf of that accused and can also be compelled
to do so by him.
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