FOR2609
ASSIGNMENT 2
DUE DATE: AUGUST 2026
, FOR2609 ASSIGNMENT 2 2026
DUE JULY 2026
Question 1 During Mr Matlala’s motor vehicle accident trial, the prosecution
intends to call a police reserve officer, Mr Sibiya, to testify as an expert witness
about whether Mr Matlala was drunk at the time of the accident. Mr Sibiya was not
at the accident scene and did not test Mr Matlala’s blood for alcohol content.
However, Mr Sibiya has many years of experience as a police reserve officer and
has attended numerous car accidents where drivers were found to be intoxicated
Mr Sibiya knows Mr Matlala personally, as a tavern owner, and they previously
had an altercation. Mr Mkhwanazi, an honest and seasoned police officer, saw the
accident when it happened; however, he was not requested to provide a
statement.
QUESTION 2.1: Explain the relationship between proof and the law of evidence
The law of evidence and proof are intrinsically linked in that the law of evidence
provides the procedural framework through which proof is established in court. Proof is
the objective, defined as "grounds for a ruling in terms of a fact in dispute" where "a fact
is proven when there are sufficient grounds for the presiding officer to accept the
existence of such fact" (FOR2609 Prescribed Book, Ch 16, p. 405).
The law of evidence, as "the entire body of legal rules that regulate the proof of facts in
a court of law" (FOR2609 Prescribed Book, Ch 16, p. 403), determines which evidence
may be submitted, how it should be submitted, and who may present it. Also, the law of
evidence sets the standard of proof in criminal cases, requiring the state to prove all
facts "beyond reasonable doubt" (FOR2609 Prescribed Book, Ch 16, p. 405). It also
governs the admissibility of evidence and allocates the burden of proof, with "the party
ASSIGNMENT 2
DUE DATE: AUGUST 2026
, FOR2609 ASSIGNMENT 2 2026
DUE JULY 2026
Question 1 During Mr Matlala’s motor vehicle accident trial, the prosecution
intends to call a police reserve officer, Mr Sibiya, to testify as an expert witness
about whether Mr Matlala was drunk at the time of the accident. Mr Sibiya was not
at the accident scene and did not test Mr Matlala’s blood for alcohol content.
However, Mr Sibiya has many years of experience as a police reserve officer and
has attended numerous car accidents where drivers were found to be intoxicated
Mr Sibiya knows Mr Matlala personally, as a tavern owner, and they previously
had an altercation. Mr Mkhwanazi, an honest and seasoned police officer, saw the
accident when it happened; however, he was not requested to provide a
statement.
QUESTION 2.1: Explain the relationship between proof and the law of evidence
The law of evidence and proof are intrinsically linked in that the law of evidence
provides the procedural framework through which proof is established in court. Proof is
the objective, defined as "grounds for a ruling in terms of a fact in dispute" where "a fact
is proven when there are sufficient grounds for the presiding officer to accept the
existence of such fact" (FOR2609 Prescribed Book, Ch 16, p. 405).
The law of evidence, as "the entire body of legal rules that regulate the proof of facts in
a court of law" (FOR2609 Prescribed Book, Ch 16, p. 403), determines which evidence
may be submitted, how it should be submitted, and who may present it. Also, the law of
evidence sets the standard of proof in criminal cases, requiring the state to prove all
facts "beyond reasonable doubt" (FOR2609 Prescribed Book, Ch 16, p. 405). It also
governs the admissibility of evidence and allocates the burden of proof, with "the party
