LEV3701/201/1/2022
Tutorial Letter 201/1/2022
Law of Evidence
LEV3701
Semester 1
Department of Criminal and Procedural Law
IMPORTANT INFORMATION:
This tutorial letter contains important
information about your module.
Define tomorrow.
, LEV3701/201/1/2022
CONTENTS
1. FEEDBACK ON ASSIGNMENT 01/2022
2. FEEDBACK ON ASSIGNMENT 02/2022
3. PREPARATION FOR THE EXAMINATION
4. BEST WISHES
Dear Student
Please note that this tutorial letter contains feedback on the assignments for the first
semester. It also contains important information about the examination in May/June 2022.
1. FEEDBACK ON ASSIGNMENT 01/2022
Question 1.1
This question required a full discussion of sections 195 and 196 of the Criminal Procedure
Act 51 of 1977 – see Learning Unit 5 in the study guide. Note that 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. In terms
of section 196 of the CPA, the spouse of an accused is a competent as well as
compellable witness in defence of that accused. However, if the accused is jointly charged
with someone else, the spouse of such accused will be competent to give evidence on
behalf of that co-accused but cannot be compelled to do so.
It was also necessary to fully discuss marital privilege with reference to the facts of the
question. Marital privilege entitles a spouse to refuse to disclose communications from the
other spouse made during the marriage – see Learning Unit 15 in the study guide. Please
note that this question required a discussion with reference to both the prosecution and the
defence.
Question 1.2
Please note that this question required a discussion with reference to both the prosecution
and the defence – see Learning Unit 5 in the study guide.
Witness for the prosecution
A co-accused is not a competent witness for the state, whether to prove the case against
himself or against the accused, because he is also an accused. There may, however, be
circumstances where the state may call someone, who had previously been a co-accused,
to testify. This happens when this person is no longer a co-accused in that case. It can
happen in one of the following four ways:
• By withdrawing the charge against the co-accused.
• By finding the co-accused not guilty.
2
Tutorial Letter 201/1/2022
Law of Evidence
LEV3701
Semester 1
Department of Criminal and Procedural Law
IMPORTANT INFORMATION:
This tutorial letter contains important
information about your module.
Define tomorrow.
, LEV3701/201/1/2022
CONTENTS
1. FEEDBACK ON ASSIGNMENT 01/2022
2. FEEDBACK ON ASSIGNMENT 02/2022
3. PREPARATION FOR THE EXAMINATION
4. BEST WISHES
Dear Student
Please note that this tutorial letter contains feedback on the assignments for the first
semester. It also contains important information about the examination in May/June 2022.
1. FEEDBACK ON ASSIGNMENT 01/2022
Question 1.1
This question required a full discussion of sections 195 and 196 of the Criminal Procedure
Act 51 of 1977 – see Learning Unit 5 in the study guide. Note that 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. In terms
of section 196 of the CPA, the spouse of an accused is a competent as well as
compellable witness in defence of that accused. However, if the accused is jointly charged
with someone else, the spouse of such accused will be competent to give evidence on
behalf of that co-accused but cannot be compelled to do so.
It was also necessary to fully discuss marital privilege with reference to the facts of the
question. Marital privilege entitles a spouse to refuse to disclose communications from the
other spouse made during the marriage – see Learning Unit 15 in the study guide. Please
note that this question required a discussion with reference to both the prosecution and the
defence.
Question 1.2
Please note that this question required a discussion with reference to both the prosecution
and the defence – see Learning Unit 5 in the study guide.
Witness for the prosecution
A co-accused is not a competent witness for the state, whether to prove the case against
himself or against the accused, because he is also an accused. There may, however, be
circumstances where the state may call someone, who had previously been a co-accused,
to testify. This happens when this person is no longer a co-accused in that case. It can
happen in one of the following four ways:
• By withdrawing the charge against the co-accused.
• By finding the co-accused not guilty.
2
