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TLI4801 Assignment 2 Semester 1 | Due 10 April 2025 R50,00
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  3. University Of South Africa (Unisa)
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  5. Techniques in Trial and Litigation (TLI4801)

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TLI4801 Assignment 2 Semester 1 | Due 10 April 2025
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TLI4801 Assignment 2 Semester 1 | Due 10 April 2025. All questions answered. 1. You are an attorney appearing for John Sibeko who is charged in the Pretoria Magistrates’ Court with the offence of assault with the intention to do grievous bodily harm. Your instructions from your client are that h...

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  • January 29, 2025
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  • 2024/2025
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, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT

Please also note that the author of this document will not be responsible for any plagiarism you
commit.

1. You are an attorney appearing for John Sibeko who is charged in the Pretoria Magistrates’
Court with the offence of assault with the intention to do grievous bodily harm. Your
instructions from your client are that he wants to plead not guilty to the charge.

A) Draft his statement that will make up his plea. You must include all headings and
conclusions. Make use of your own facts and any information you may deem necessary for the
statement to be accepted by the court.

IN THE MAGISTRATES' COURT FOR THE DISTRICT OF PRETORIA

Case No: [Insert Case Number]

In the matter between:

THE STATE
and
JOHN SIBEKO (Accused)

STATEMENT IN TERMS OF SECTION 115 OF ACT 51 OF 1977

The accused pleads not guilty to the charge of assault with intent to do grievous bodily harm.

The following explanation is provided in support of the plea:

On the evening of [insert date], the accused was present at [insert location, e.g., a local pub] in
Pretoria. During this time, an altercation arose between the accused and the complainant, Mr. [insert
complainant's name], due to [insert reason, e.g., a misunderstanding over a bill]. The complainant
became verbally abusive and threatened the accused with physical harm.

The complainant then physically attacked the accused by [insert form of attack, e.g., shoving him].
In response to this unlawful aggression, the accused acted in self-defense and pushed the
complainant away. At no point did the accused intend to cause grievous bodily harm. His sole
intention was to protect himself, and the force used was reasonable under the circumstances.

The accused did not initiate the physical confrontation. Any injury sustained by the complainant
resulted directly from the complainant’s own actions and aggression, and the accused cannot be held
responsible. The accused acknowledges that an altercation took place and that the complainant
sustained an injury but denies any intent to inflict serious harm. The accused further denies being the
aggressor and asserts that his actions were purely defensive.

Admissions Under Section 220 of Act 51 of 1977

The accused makes the following formal admissions:
 The altercation occurred on [insert date] at [insert location].
 The complainant sustained an injury during the incident.

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