MEMORANDUM
BY
LLB WITH MUNYAI
CPR3701 MAY/JUNE EXAMINATION
2025
ALL QUESTION ARE INCLUDED
, Question 1
1.1 Trafficking in persons (child trafficking). The act of trafficking in persons, especially
when it involves children, is generally categorized under Schedule 2 of the Criminal
Procedure Act 51 of 1977.
1.2 Regional court. The Regional Court has the authority to handle serious crimes like
human trafficking and can impose life sentences when warranted.
1.3 Postponement. The trial has been delayed because it has not yet started, and the
case is still in the pre-trial phase for additional investigation.
1.4 Magistrate M is mistaken in claiming that she is the party in control of the legal case
(dominus litis). In criminal cases, the public prosecutor is responsible for managing
the case and preparing the charges( prosecutor is dominus litis). The magistrate's
role is to oversee the judicial process rather than to act as a prosecutor; any
interference by the magistrate would violate the principles of impartial decision-
making and fair trial rights.
1.5 L is an accomplice, not the one who committed the crime. She did not take part in
committing the crime itself; she/he only helped afterwards by hiding P, which made it
easier to conceal the crime(assisted after the fact).
BY
LLB WITH MUNYAI
CPR3701 MAY/JUNE EXAMINATION
2025
ALL QUESTION ARE INCLUDED
, Question 1
1.1 Trafficking in persons (child trafficking). The act of trafficking in persons, especially
when it involves children, is generally categorized under Schedule 2 of the Criminal
Procedure Act 51 of 1977.
1.2 Regional court. The Regional Court has the authority to handle serious crimes like
human trafficking and can impose life sentences when warranted.
1.3 Postponement. The trial has been delayed because it has not yet started, and the
case is still in the pre-trial phase for additional investigation.
1.4 Magistrate M is mistaken in claiming that she is the party in control of the legal case
(dominus litis). In criminal cases, the public prosecutor is responsible for managing
the case and preparing the charges( prosecutor is dominus litis). The magistrate's
role is to oversee the judicial process rather than to act as a prosecutor; any
interference by the magistrate would violate the principles of impartial decision-
making and fair trial rights.
1.5 L is an accomplice, not the one who committed the crime. She did not take part in
committing the crime itself; she/he only helped afterwards by hiding P, which made it
easier to conceal the crime(assisted after the fact).
