LEV 3701
LAW
OF EVIDENCE
2020
REVISION
EXAM PACK
LEV3701
1
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, LEV3701 - 2020 LATEST EXAM PACK
LAW OF EVIDENCE
CONTENTS
1. MULTIPLE CHOICE QUESTIONS AND ANSWERS REVISION DOC
2. May / June 2019 – Examination Questions And Answers
3. May / June 2018 –Examination Questions And Answers
4. Oct / Nov 2018 – Examination Questions And Answers
5. Longer Questions and Answers for Exam Prep Plus Scenario Type
Questions and Answers
6. Law of Evidence Summarised Notes
BE PREPARED AND AVOID REPEATING THE MODULE
2
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, 2020 -MCQ REVISION QUESTIONS
Question 1
(a) The law of evidence is unique, because it is part of the substantive law and the adjective law.
(b) Section 42 of the Civil Proceedings Evidence Act 25 of 1965 is a residuary section and provides that the law on the
competence and compellability of witnesses, as well as the examination and cross-examination of witnesses, which
would have been applicable on 1 January 1994, will apply in any case where no provision has been made in terms of the
Civil Proceedings Evidence Act or in terms of any other South African legislation.
(c) Documentary evidence is the most common means of adducing (presenting) evidence.
(d) A witness is required to give independent oral testimony and is never permitted to rely on, or refer to, an earlier
record.
Choices
1. Only statement (a) is correct.
2. Only statements (a) and (b) are correct.
3. Only statements (b), (c) and (d) are correct.
4. Only statement (d) is correct.
5. None of the statements is correct.
Correct Answer: 5. None of the statements is correct.
Professional Expert Rationale:
All four statements are incorrect. The law of evidence is generally regarded as part of procedural/adjective law rather
than both substantive and adjective law. The description of section 42 is also incorrect. Documentary evidence is not
necessarily the most common means of adducing evidence in the broad sense, as oral testimony remains fundamental. A
witness may, in appropriate circumstances, refer to or use an earlier record, particularly where the applicable evidentiary
rules permit this. Therefore, none of the statements is correct.
Question 2
(a) After a witness has given evidence-in-chief, she is re-examined by the opponent of the party who called her.
(b) In both criminal and civil cases, the court may call its own witnesses without the consent of the parties involved.
(c) Judges and magistrates are considered to be incompetent witnesses with respect to those cases over which they
preside.
(d) The general rule in the common law was that the spouse of an accused person could not testify for or against such an
accused.
Choices
1. Only statements (a) and (b) are correct.
2. Only statement (b) is correct.
3. Only statements (c) and (d) are correct.
3
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, 4. Only statements (a), (d) and (c) are correct.
5. None of the statements is correct.
Correct Answer: 3. Only statements (c) and (d) are correct.
Professional Expert Rationale:
Statement (a) is incorrect because re-examination is conducted by the party who originally called the witness, not by the
opposing party. Statement (b) is incorrect because the circumstances under which a court may call its own witnesses
differ between criminal and civil proceedings. Judges and magistrates are generally regarded as incompetent to testify
concerning proceedings over which they preside, supporting statement (c). Statement (d) correctly reflects the traditional
common-law position concerning spousal testimony.
Question 3
(a) Section 195 of the Criminal Procedure Act 51 of 1977 is applicable not only to people who are married when the
giving of evidence is at stake, but also to people who were married when the relevant crime was committed, even though
the marriage has been dissolved in the meantime.
(b) Section 195 of the Criminal Procedure Act 51 of 1977 has to some extent been amended by section 68 of the
Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. Subsection 195(1)(a) now also
includes a child that is in the care of the wife or the husband of the accused and subsection 195(1)(e) now refers to incest
as contemplated in section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007.
(c) In terms of section 196, the spouse of an accused is a competent as well as a compellable witness in defence of that
accused, but only when such an accused is jointly charged with someone else.
(d) If the accused is jointly charged with someone else, the spouse of such an accused will be competent to give
evidence on behalf of that co-accused, but cannot be compelled to do so.
Choices
1. None of the statements is correct.
2. Only statements (a), (b) and (d) are correct.
3. Only statements (c) and (d) are correct.
4. Only statement (d) is correct.
5. Only statements (a) and (b) are correct.
Correct Answer: 2. Only statements (a), (b) and (d) are correct.
Professional Expert Rationale:
Statements (a) and (b) correctly describe the relevant operation and amendments concerning spousal competence and
compellability. Statement (c) is incorrect because section 196 does not establish the restriction stated there. Statement
(d) is correct because the spouse may be competent to testify for a co-accused but is not necessarily compellable to do
so.
Question 4
(a) When fingerprints are used as evidence, an enlargement of the accused’s fingerprint is compared in court with that of
a fingerprint found at the scene of the crime. If seven points of similarity are found, this will usually amount to proof on
a balance of probabilities that the same person has made the two sets of prints.
(b) In the common law, public documents are admissible to prove the truth of what they contain. This means that these
are treated as an exception to the rule against the admissibility of previous consistent statements.
4
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LAW
OF EVIDENCE
2020
REVISION
EXAM PACK
LEV3701
1
Downloaded by Tetelo Senyolo ()
, LEV3701 - 2020 LATEST EXAM PACK
LAW OF EVIDENCE
CONTENTS
1. MULTIPLE CHOICE QUESTIONS AND ANSWERS REVISION DOC
2. May / June 2019 – Examination Questions And Answers
3. May / June 2018 –Examination Questions And Answers
4. Oct / Nov 2018 – Examination Questions And Answers
5. Longer Questions and Answers for Exam Prep Plus Scenario Type
Questions and Answers
6. Law of Evidence Summarised Notes
BE PREPARED AND AVOID REPEATING THE MODULE
2
Downloaded by Tetelo Senyolo ()
, 2020 -MCQ REVISION QUESTIONS
Question 1
(a) The law of evidence is unique, because it is part of the substantive law and the adjective law.
(b) Section 42 of the Civil Proceedings Evidence Act 25 of 1965 is a residuary section and provides that the law on the
competence and compellability of witnesses, as well as the examination and cross-examination of witnesses, which
would have been applicable on 1 January 1994, will apply in any case where no provision has been made in terms of the
Civil Proceedings Evidence Act or in terms of any other South African legislation.
(c) Documentary evidence is the most common means of adducing (presenting) evidence.
(d) A witness is required to give independent oral testimony and is never permitted to rely on, or refer to, an earlier
record.
Choices
1. Only statement (a) is correct.
2. Only statements (a) and (b) are correct.
3. Only statements (b), (c) and (d) are correct.
4. Only statement (d) is correct.
5. None of the statements is correct.
Correct Answer: 5. None of the statements is correct.
Professional Expert Rationale:
All four statements are incorrect. The law of evidence is generally regarded as part of procedural/adjective law rather
than both substantive and adjective law. The description of section 42 is also incorrect. Documentary evidence is not
necessarily the most common means of adducing evidence in the broad sense, as oral testimony remains fundamental. A
witness may, in appropriate circumstances, refer to or use an earlier record, particularly where the applicable evidentiary
rules permit this. Therefore, none of the statements is correct.
Question 2
(a) After a witness has given evidence-in-chief, she is re-examined by the opponent of the party who called her.
(b) In both criminal and civil cases, the court may call its own witnesses without the consent of the parties involved.
(c) Judges and magistrates are considered to be incompetent witnesses with respect to those cases over which they
preside.
(d) The general rule in the common law was that the spouse of an accused person could not testify for or against such an
accused.
Choices
1. Only statements (a) and (b) are correct.
2. Only statement (b) is correct.
3. Only statements (c) and (d) are correct.
3
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, 4. Only statements (a), (d) and (c) are correct.
5. None of the statements is correct.
Correct Answer: 3. Only statements (c) and (d) are correct.
Professional Expert Rationale:
Statement (a) is incorrect because re-examination is conducted by the party who originally called the witness, not by the
opposing party. Statement (b) is incorrect because the circumstances under which a court may call its own witnesses
differ between criminal and civil proceedings. Judges and magistrates are generally regarded as incompetent to testify
concerning proceedings over which they preside, supporting statement (c). Statement (d) correctly reflects the traditional
common-law position concerning spousal testimony.
Question 3
(a) Section 195 of the Criminal Procedure Act 51 of 1977 is applicable not only to people who are married when the
giving of evidence is at stake, but also to people who were married when the relevant crime was committed, even though
the marriage has been dissolved in the meantime.
(b) Section 195 of the Criminal Procedure Act 51 of 1977 has to some extent been amended by section 68 of the
Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. Subsection 195(1)(a) now also
includes a child that is in the care of the wife or the husband of the accused and subsection 195(1)(e) now refers to incest
as contemplated in section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007.
(c) In terms of section 196, the spouse of an accused is a competent as well as a compellable witness in defence of that
accused, but only when such an accused is jointly charged with someone else.
(d) If the accused is jointly charged with someone else, the spouse of such an accused will be competent to give
evidence on behalf of that co-accused, but cannot be compelled to do so.
Choices
1. None of the statements is correct.
2. Only statements (a), (b) and (d) are correct.
3. Only statements (c) and (d) are correct.
4. Only statement (d) is correct.
5. Only statements (a) and (b) are correct.
Correct Answer: 2. Only statements (a), (b) and (d) are correct.
Professional Expert Rationale:
Statements (a) and (b) correctly describe the relevant operation and amendments concerning spousal competence and
compellability. Statement (c) is incorrect because section 196 does not establish the restriction stated there. Statement
(d) is correct because the spouse may be competent to testify for a co-accused but is not necessarily compellable to do
so.
Question 4
(a) When fingerprints are used as evidence, an enlargement of the accused’s fingerprint is compared in court with that of
a fingerprint found at the scene of the crime. If seven points of similarity are found, this will usually amount to proof on
a balance of probabilities that the same person has made the two sets of prints.
(b) In the common law, public documents are admissible to prove the truth of what they contain. This means that these
are treated as an exception to the rule against the admissibility of previous consistent statements.
4
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