Exam (elaborations)
LEV3701_LAW OF EVIDENCE EXAM PACK
- Institution
- University Of South Africa
LEV3701_LAW OF EVIDENCE EXAM PACK PREP LEV3701_LAW OF EVIDENCE ASSIGMENT
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Assignment 01LEV3701 ASSIGNMENT 1 MEMO
LEV3701
SEMESTER 1 2022
LAW OF
EVIDENCE
, Semester 1 2022 Unique number: - 613711
DOCUMENT PREVIEW
ASSIGNMENT 01
UNIQUE NUMBER: - 613711
DUE DATE: - 8 APRIL 2022
Mr Greedy Baloyi is the president of Africa Holdings, a company listed on the Stock Exchange. Mr Sure
McDonald is his vice-president. They are charged with fraud amounting to R10 million in respect of the
company’s funds, relating to insider trading of the company’s shares, as well as incorrect accounting
practices relating to the non- payment of tax in respect of the company. The company’s accountant, Mr
Numbers Mabema, is charged as an accomplice.
1.1 Both accused have talked to their wives on numerous occasions regarding their insider trading
and tax evasion activities in respect of the company shares and funds respectively. Discuss the
competence and compellability of their wives as witnesses for the prosecution and for the
defence. (10)
1.2 Discuss the competence and compellability of either Mr Baloyi or Mr McDonald as a witness
for the prosecution and defence. (6)
1.3 The prosecution convinces Mr Mabema to become a state witness. Explain fully how the court
should approach his evidence. (8)
1.4 The shareholders of African Holdings wish to sue Mr Baloyi and Mr McDonald for damages in
respect of their actions and wish to develop a solid case against them. They do not want to risk
critical documents being destroyed before the civil trial and they do not want to be surprised
in court with documents that they have not seen before. Explain the procedure whereby it is
determined which documents will be relevant for proposed litigation. (6) [30]
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