Tobias and his partner, Zoe, are having an argument about his infidelity and lack of commitment
towards her. Zoe has told her friends in the past that Tobias has a violent streak and that he
assaults her often. As their argument reaches a climax, neighbours hear Zoe’s screams. They
run to her front door to see whether they can assist her, only to find the door wide open and
Zoe lying in a pool of blood. Upon closer inspection, it seems that she has been stabbed in the
chest, but fortunately not fatally injured. Tobias is nowhere to be seen. Two days later, the
police found Tobias hiding in his mother’s house. He is arrested then and there and charged
with attempted murder and assault with intent to do grievous bodily harm. Tobias has no income
of his own and is appointed a legal representative by the state.
1.1 What type of case is this? (1)
1.2 What are the differences between a civil and criminal case? (4)
1.3 During the arrest, Tobias is taken to a holding cell at the nearby police station. Tobias
refuses to talk to the police and insist that as an accused, he has certain rights in terms of
the Bill of Rights. Explain what ‘human rights’ are. Also identify two rights that may be
relevant to Tobias and briefly describe each of these. (5)
1.4 In preparation for Tobias’s case, his legal representative will consult authoritative and
nonauthoritative sources. List four authoritative and two non-authoritative sources that
his legal representative may consult in order to prepare for his case. (6)
1.5 Discuss how the legal representative should handle the information that Tobias shares with him.
What is the nature of the relationship between Tobias and his legal representative? (5)
1.6 Briefly describe three duties that Tobias’s legal representative has in terms of the Legal Practice
, Council Code of Conduct. (3)
1.7 Tobias explains to his legal representative that he stabbed Zoe because she was taunting
him and that she told him that she is having a relationship with his brother. What factor
may be relevant in considering Tobias’s criminal capacity? (1)
[25]
QUESTION 2
2.1 Discuss the differences between state advocates and state prosecutors. (5)
2.2 Explain the differences between a judge and a magistrate. (5)
[10]
SECTION B
QUESTION 3
Xolisile is a social worker who is monitoring a divorce involving minor children. She is in regular
contact with the Family Advocate. The dispute has reached a stage where she is convinced
that mediation should be recommended. She communicates this recommendation to the
Family Advocate.
Answer the questions below based on the above fact scenario.
3.1 Discuss what mediation in this situation would entail and whether you agree with Xolisile’s
recommendation. Your answer should include reference to the advantages and
disadvantages
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