lOMoAR cPSD| 48745187
, lOMoAR cPSD| 48745187
2 CPR3701
Oct/Nov 2024
UNIVERSITY EXAMINATIONS
October/November 2024
CPR3701
Criminal Procedure
80 Marks
Duration: 4 Hours
First examiner: M T Mokoena
Second examiner: M Mkhabela
This paper consists of 11 pages.
INSTRUCTIONS FOR A TAKE-HOME EXAM ON MYEXAMS
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING
THE EXAMINATION QUESTIONS.
1. The examination question paper counts 80 (eighty) marks.
2. The question paper consists of 4 sections, each with its own questions. Answer ALL
of the questions.
3. The duration of the examination on the timetable is 4 (four) hours.
4. In addition to the duration of the examination indicated on the timetable, you are given
30 minutes to FINALISE the uploading of your exam file. Your exam file must be
uploaded via the myExams platform on 15 October 2024 BEFORE 12:30 (South
African Standard Time).
5. This is a closed-book examination. While the examination is in progress, you are not
permitted to consult
5.1 any of your study material or any other source to obtain answers; and
5.2 another person, whether directly or indirectly, to assist you to answer any of the
questions contained in this question paper.
, lOMoAR cPSD| 48745187
3 CPR3701
Oct/Nov 2024
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
, lOMoAR cPSD| 48745187
4 CPR3701
Oct/Nov 2024
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]
1.1 Prosecutor’s View on Hearing the Case in the District Court
