, RRLLB81
ASSIGNMENT 3 SEMESTER 2
(ALL TOPICS) 2026
DUE 29 OCTOBER 2026
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW………………………………………………………PAGE 3
DEPARTMENT OF PUBLIC, CONSTITUTIONAL AND INTERNATIONAL LAW…………………………PAGE 44
DEPARTMENT OF JURISPRUDENCE………………………………………………………………………………….PAGE 92
DEPARTMENT OF MERCANTILE LAW…………………………………………………………………………….PAGE 133
DEPARTMENT OF PRIVATE LAW……………………………………………………………………………………PAGE 155
, DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
THE TENSION BETWEEN THE ACCUSED'S CONSTITUTIONAL RIGHT TO A FAIR TRIAL, THE NEED TO
PROTECT COMPLAINANTS, AND THE SEARCH FOR TRUTH IN CRIMINAL PROCEEDINGS
by
[FULL NAMES AND SURNAME OF STUDENT]
(YOUR STUDENT NUMBER)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 3 / FINAL PORTFOLIO
(DUE DATE)
, ABSTRACT
This research report critically investigates the legal principles governing the admissibility of
evidence in sexual offence proceedings, with particular focus on the tension between the accused's
constitutional right to a fair trial, the need to protect complainants, and the search for truth. The
report examines the admissibility of various categories of evidence, including hearsay evidence,
character evidence, evidence of previous consistent statements, and similar fact evidence. The
analysis considers relevant constitutional provisions, statutory frameworks, and case law, including
Director of Public Prosecutions, Western Cape v Prins [2012] 3 All SA 245 (SCA) and S v M [2002] 3
All SA 599 (A). The report argues that while courts must protect the rights of accused persons, they
must also ensure that complainants in sexual offence cases are treated with dignity and that the
interests of justice are served. The research concludes that the current framework, while robust,
requires refinement to achieve a more coherent balance between these competing imperatives.
KEYWORDS
Admissibility of evidence; Fair trial; Sexual offences; Hearsay; Character evidence; Similar fact
evidence; Complainant protection
LIST OF ABBREVIATIONS AND ACRONYMS
Abbreviation/acronym Meaning
CPA Criminal Procedure Act 51 of 1977
SCA Supreme Court of Appeal
CC Constitutional Court
Sexual Offences Act Sexual Offences and Related Matters Amendment Act 32 of 2007
Unisa University of South Africa
SACR South African Criminal Law Reports
BCLR Butterworths Constitutional Law Reports
TSAR Tydskrif vir die Suid-Afrikaanse Reg
SA Crime Q South African Crime Quarterly
ASSIGNMENT 3 SEMESTER 2
(ALL TOPICS) 2026
DUE 29 OCTOBER 2026
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW………………………………………………………PAGE 3
DEPARTMENT OF PUBLIC, CONSTITUTIONAL AND INTERNATIONAL LAW…………………………PAGE 44
DEPARTMENT OF JURISPRUDENCE………………………………………………………………………………….PAGE 92
DEPARTMENT OF MERCANTILE LAW…………………………………………………………………………….PAGE 133
DEPARTMENT OF PRIVATE LAW……………………………………………………………………………………PAGE 155
, DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
THE TENSION BETWEEN THE ACCUSED'S CONSTITUTIONAL RIGHT TO A FAIR TRIAL, THE NEED TO
PROTECT COMPLAINANTS, AND THE SEARCH FOR TRUTH IN CRIMINAL PROCEEDINGS
by
[FULL NAMES AND SURNAME OF STUDENT]
(YOUR STUDENT NUMBER)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 3 / FINAL PORTFOLIO
(DUE DATE)
, ABSTRACT
This research report critically investigates the legal principles governing the admissibility of
evidence in sexual offence proceedings, with particular focus on the tension between the accused's
constitutional right to a fair trial, the need to protect complainants, and the search for truth. The
report examines the admissibility of various categories of evidence, including hearsay evidence,
character evidence, evidence of previous consistent statements, and similar fact evidence. The
analysis considers relevant constitutional provisions, statutory frameworks, and case law, including
Director of Public Prosecutions, Western Cape v Prins [2012] 3 All SA 245 (SCA) and S v M [2002] 3
All SA 599 (A). The report argues that while courts must protect the rights of accused persons, they
must also ensure that complainants in sexual offence cases are treated with dignity and that the
interests of justice are served. The research concludes that the current framework, while robust,
requires refinement to achieve a more coherent balance between these competing imperatives.
KEYWORDS
Admissibility of evidence; Fair trial; Sexual offences; Hearsay; Character evidence; Similar fact
evidence; Complainant protection
LIST OF ABBREVIATIONS AND ACRONYMS
Abbreviation/acronym Meaning
CPA Criminal Procedure Act 51 of 1977
SCA Supreme Court of Appeal
CC Constitutional Court
Sexual Offences Act Sexual Offences and Related Matters Amendment Act 32 of 2007
Unisa University of South Africa
SACR South African Criminal Law Reports
BCLR Butterworths Constitutional Law Reports
TSAR Tydskrif vir die Suid-Afrikaanse Reg
SA Crime Q South African Crime Quarterly
