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SELLING” memos for the year 2021.
LEV3701
LAW OF EVIDENCE DUE: 8 APRIL 2022
Assignment 1 MEMO
Semester 1 2022 Unique number: - 613711
Includes Footnotes and/or Bibliography
DOCUMENT PREVIEW
ASSIGNMENT 01
UNIQUE NUMBER: - 613711
DUE DATE: - 8 APRIL 2022
Mr Greedy Baloyi is the president of Africa Holdings, a company listed on the Stock Exchange. Mr Sure
McDonald is his vice-president. They are charged with fraud amounting to R10 million in respect of the
company’s funds, relating to insider trading of the company’s shares, as well as incorrect accounting
practices relating to the non- payment of tax in respect of the company. The company’s accountant, Mr
Numbers Mabema, is charged as an accomplice.
1.1 Both accused have talked to their wives on numerous occasions regarding their insider trading
and tax evasion activities in respect of the company shares and funds respectively. Discuss the
competence and compellability of their wives as witnesses for the prosecution and for the
defence. (10)
1.2 Discuss the competence and compellability of either Mr Baloyi or Mr McDonald as a witness
for the prosecution and defence. (6)
1.3 The prosecution convinces Mr Mabema to become a state witness. Explain fully how the court
should approach his evidence. (8)
1.4 The shareholders of African Holdings wish to sue Mr Baloyi and Mr McDonald for damages in
respect of their actions and wish to develop a solid case against them. They do not want to risk
critical documents being destroyed before the civil trial and they do not want to be surprised
in court with documents that they have not seen before. Explain the procedure whereby it is
determined which documents will be relevant for proposed litigation. (6) [30]
Disclaimer
1.5
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any
representations or warranties, express or implied. This document is to be used for comparison, research and reference
purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means without
prior written permission from the Author. – LLB EXAMPACKS & TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 084 591 8661 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
, LEV3701: First Semester
Assignment 01
Mr Greedy Baloyi is the president of Africa Holdings, a company listed on the Stock
Exchange. Mr Sure McDonald is his vice-president. They are charged with fraud
amounting to R10 million in respect of the company’s funds, relating to insider
trading of the company’s shares, as well as incorrect accounting practices relating
to the non- payment of tax in respect of the company. The company’s accountant,
Mr Numbers Mabema, is charged as an accomplice.
1.1 Both accused have talked to their wives on numerous occasions regarding their
insider trading and tax evasion activities in respect of the company shares and
funds respectively. Discuss the competence and compellability of their wives
as witnesses for the prosecution and for the defence. (10)
When presenting oral evidence, the following two aspects need to be considered, namely:
-
1. The competence of a witness to testify, and
2. The extent to which a witness may be compelled to testify. Competence refers to
whether a particular person has the mental ability/capacity to testify and compellability
refers to whether a witness who is competent to testify may be forced to do so.
The general rule, in civil and criminal proceedings, is that all persons are both competent
and compellable to testify, unless the issue of competence or compellability is regulated
by statute; or the law as it was on 30 May 1961 (if applicable)
Section 8 CPEA: Every person is competent and compellable, unless otherwise provided.
SELLING” memos for the year 2021.
LEV3701
LAW OF EVIDENCE DUE: 8 APRIL 2022
Assignment 1 MEMO
Semester 1 2022 Unique number: - 613711
Includes Footnotes and/or Bibliography
DOCUMENT PREVIEW
ASSIGNMENT 01
UNIQUE NUMBER: - 613711
DUE DATE: - 8 APRIL 2022
Mr Greedy Baloyi is the president of Africa Holdings, a company listed on the Stock Exchange. Mr Sure
McDonald is his vice-president. They are charged with fraud amounting to R10 million in respect of the
company’s funds, relating to insider trading of the company’s shares, as well as incorrect accounting
practices relating to the non- payment of tax in respect of the company. The company’s accountant, Mr
Numbers Mabema, is charged as an accomplice.
1.1 Both accused have talked to their wives on numerous occasions regarding their insider trading
and tax evasion activities in respect of the company shares and funds respectively. Discuss the
competence and compellability of their wives as witnesses for the prosecution and for the
defence. (10)
1.2 Discuss the competence and compellability of either Mr Baloyi or Mr McDonald as a witness
for the prosecution and defence. (6)
1.3 The prosecution convinces Mr Mabema to become a state witness. Explain fully how the court
should approach his evidence. (8)
1.4 The shareholders of African Holdings wish to sue Mr Baloyi and Mr McDonald for damages in
respect of their actions and wish to develop a solid case against them. They do not want to risk
critical documents being destroyed before the civil trial and they do not want to be surprised
in court with documents that they have not seen before. Explain the procedure whereby it is
determined which documents will be relevant for proposed litigation. (6) [30]
Disclaimer
1.5
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any
representations or warranties, express or implied. This document is to be used for comparison, research and reference
purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means without
prior written permission from the Author. – LLB EXAMPACKS & TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 084 591 8661 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
, LEV3701: First Semester
Assignment 01
Mr Greedy Baloyi is the president of Africa Holdings, a company listed on the Stock
Exchange. Mr Sure McDonald is his vice-president. They are charged with fraud
amounting to R10 million in respect of the company’s funds, relating to insider
trading of the company’s shares, as well as incorrect accounting practices relating
to the non- payment of tax in respect of the company. The company’s accountant,
Mr Numbers Mabema, is charged as an accomplice.
1.1 Both accused have talked to their wives on numerous occasions regarding their
insider trading and tax evasion activities in respect of the company shares and
funds respectively. Discuss the competence and compellability of their wives
as witnesses for the prosecution and for the defence. (10)
When presenting oral evidence, the following two aspects need to be considered, namely:
-
1. The competence of a witness to testify, and
2. The extent to which a witness may be compelled to testify. Competence refers to
whether a particular person has the mental ability/capacity to testify and compellability
refers to whether a witness who is competent to testify may be forced to do so.
The general rule, in civil and criminal proceedings, is that all persons are both competent
and compellable to testify, unless the issue of competence or compellability is regulated
by statute; or the law as it was on 30 May 1961 (if applicable)
Section 8 CPEA: Every person is competent and compellable, unless otherwise provided.
