Exam (elaborations)
LEV3701 EXAM PACK 2024
- Course
- LEV3701 (LEV3701)
- Institution
- University Of South Africa (Unisa)
QUESTIONS AND ANSWERS
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lOMoAR cPSD| 24668432+254792947610
LEV3701
EXAM PACK
2024
QUESTIONS WITH DETAILED ANSWERS
,lOMoAR cPSD| 24668432
, lOMoAR cPSD| 24668432
LEV3701 EXAM PACK 2024
Question 1
(a) The law of evidence is unique, because it is part of the substantive law and the adjective law.
(b) Section 42 of the Civil Proceedings Evidence Act 25 of 1965 is a residuary section and provides
that the law on the competence and compellability of witnesses, as well as the examination and
cross-examination of witnesses, which would have been applicable on 1 January 1994, will apply
in any case where no provision has been made in terms of the Civil Proceedings Evidence Act
or in terms of any other South African legislation.
(c) Documentary evidence is the most common means of adducing (presenting) evidence.
(d) A witness is required to give independent oral testimony and is never permitted to rely on, or
refer to, an earlier record.
Answer 1
(1) Only statement (a) is correct.
(2) Only statements (a) and (b) are correct.
(3) Only statements (b), (c) and (d) are correct.
(4) Only statement (d) is correct.
(5) None of the statements is correct.
The correct answer is (5): 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 3.3.
• Statement (c): See paragraph 4.2.
• Statement (d): See paragraph 4.2.1.4.
Question 2
(a) After a witness has given evidence-in-chief, she is re-examined by the opponent of the party
who called her.
(b) In both criminal and civil cases, the court may call its own witnesses without the consent of the
parties involved.
(c) Judges and magistrates are considered to be incompetent witnesses with respect to those cases
over which they preside.
(d) The general rule in the common law was that the spouse of an accused person could not testify
for or against such an accused.
Answer 2
(1) Only statements (a) and (b) are correct.
(2) Only statement (b) is correct.
(3) Only statements (c) and (d) are correct.
(4) Only statements (a), (d) and (c) are correct.
(5) None of the statements is correct.
, lOMoAR cPSD| 24668432
The correct answer is (3): Only statements (c) and (d) are correct. The correct answers can be found
at the following places in the study guide:
• Statement (a): See Learning Unit 4.
• Statement (b): See paragraph 4.3.
• Statement (c): See paragraph 5.2.2.3.
• Statement (d): See paragraph 5.3.1.
Question 3
(a) Section 195 of the Criminal Procedure Act 51 of 1977 is applicable not only to people who
are married when the giving of evidence is at stake, but also to people who were married
when the relevant crime was committed, even though the marriage has been dissolved in
the meantime.
(b) Section 195 of the Criminal Procedure Act 51 of 1977 has to some extent been amended by
section 68 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32
of 2007. Subsection 195(1)(a) now also includes a child that is in the care of the wife or the
husband of the accused and subsection 195(1)(e) now refers to incest as contemplated in
section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32
of 2007.
(c) In terms of section 196, the spouse of an accused is a competent as well as a compellable
witness in defence of that accused, but only when such an accused is jointly charged with
someone else.
(d) If the accused is jointly charged with someone else, the spouse of such an accused will be
competent to give evidence on behalf of that co-accused, but cannot be compelled to do so.
Answer 3
(1) None of the statements is correct.
(2) Only statements (a), (b) and (d) are correct.
(3) Only statements (c) and (d) are correct.
(4) Only statement (d) is correct.
(5) Only statements (a) and (b) are correct.
The correct answer is (2): Only statements (a), (b) and (d) are correct. The correct answers can
be found at the following places in the study guide:
• Statement (a): See paragraph 5.3.1.1.
• Statement (b): See paragraph 5.3.1.1.
• Statement (c): See paragraph 5.3.1.2.
• Statement (d): See paragraph 5.3.3.
Question 4
(a) When fingerprints are used as evidence, 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
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