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.
