LEV3701
EXAM 2026
, LEV3701 Exam 2025
Question 1
Consider the following statements and choose the correct option:
1.In civil proceedings, the spouse of a party is always a competent and compellable
witness for and against the party concerned.
2.An unfavourable witness is someone who testifies with the intention to prejudice the
case of the party who called him.
3.The law relating to the competence and compellability to testify is controlled by a
residuary clause in the Criminal Procedure Act 51 of 1977.
4.A witness who wishes to rely on privilege, such as the privilege against self-
incrimination, may refuse to enter the witness box.
The correct answer is: The law relating to the competence and compellability to testify is
controlled by a residuary clause in the Criminal Procedure Act 51 of 1977.
Question 2
Consider the following statements about opinion evidence and choose the
correct option:
1.The court in Hollington v Hewthorn [1943] 2 All ER 35 decided that the finding on an
issue in a civil trial cannot serve as proof of that issue in an ensuing criminal trial, since
the onus of proof in criminal matters is higher than in civil matters.
2.When an expert refers to textbooks while testifying in court, he must not merely
convey the author’s opinion to the court, since this will constitute hearsay evidence.
3.Opinion evidence is generally inadmissible because it amounts to evidence of previous
consistent statements.
4.Because of the complicated nature of civil proceedings, parties must give notice of
any intention to rely on expert evidence, but in criminal cases the prosecution is not
required to disclose expert evidence before the trial starts.
The correct answer is: When an expert refers to textbooks while testifying in court, he
must not merely convey the author’s opinion to the court, since this will constitute
hearsay evidence.
Question 3
Consider the following statements about previous consistent statements and
choose the correct option:
1.There is question of a previous consistent statement when, during testimony in court,
a witness repeats a statement consistent with one made on a previous occasion to
corroborate his evidence.
2.The rule against the admissibility of evidence about a previous consistent statement is
actually a rule against the admissibility of similar fact evidence.
3.If it is suggested or alleged (mostly during cross-examination) that the witness has
recently fabricated a part of his evidence, evidence may be led to show that the same
thing was said at an earlier opportunity. This evidence is only tendered to show that he
did not recently fabricate the evidence to support his credibility. The evidence is
therefore relevant for this purpose (to support the witness's credibility), and essentially
corroborates the witness's evidence.
4.Section 59 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act
32 of 2007 determines that, in criminal proceedings involving the alleged commission of
a sexual offence, the court must draw a negative inference from the long delay between
the alleged commission of such offence and the reporting thereof.
1
EXAM 2026
, LEV3701 Exam 2025
Question 1
Consider the following statements and choose the correct option:
1.In civil proceedings, the spouse of a party is always a competent and compellable
witness for and against the party concerned.
2.An unfavourable witness is someone who testifies with the intention to prejudice the
case of the party who called him.
3.The law relating to the competence and compellability to testify is controlled by a
residuary clause in the Criminal Procedure Act 51 of 1977.
4.A witness who wishes to rely on privilege, such as the privilege against self-
incrimination, may refuse to enter the witness box.
The correct answer is: The law relating to the competence and compellability to testify is
controlled by a residuary clause in the Criminal Procedure Act 51 of 1977.
Question 2
Consider the following statements about opinion evidence and choose the
correct option:
1.The court in Hollington v Hewthorn [1943] 2 All ER 35 decided that the finding on an
issue in a civil trial cannot serve as proof of that issue in an ensuing criminal trial, since
the onus of proof in criminal matters is higher than in civil matters.
2.When an expert refers to textbooks while testifying in court, he must not merely
convey the author’s opinion to the court, since this will constitute hearsay evidence.
3.Opinion evidence is generally inadmissible because it amounts to evidence of previous
consistent statements.
4.Because of the complicated nature of civil proceedings, parties must give notice of
any intention to rely on expert evidence, but in criminal cases the prosecution is not
required to disclose expert evidence before the trial starts.
The correct answer is: When an expert refers to textbooks while testifying in court, he
must not merely convey the author’s opinion to the court, since this will constitute
hearsay evidence.
Question 3
Consider the following statements about previous consistent statements and
choose the correct option:
1.There is question of a previous consistent statement when, during testimony in court,
a witness repeats a statement consistent with one made on a previous occasion to
corroborate his evidence.
2.The rule against the admissibility of evidence about a previous consistent statement is
actually a rule against the admissibility of similar fact evidence.
3.If it is suggested or alleged (mostly during cross-examination) that the witness has
recently fabricated a part of his evidence, evidence may be led to show that the same
thing was said at an earlier opportunity. This evidence is only tendered to show that he
did not recently fabricate the evidence to support his credibility. The evidence is
therefore relevant for this purpose (to support the witness's credibility), and essentially
corroborates the witness's evidence.
4.Section 59 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act
32 of 2007 determines that, in criminal proceedings involving the alleged commission of
a sexual offence, the court must draw a negative inference from the long delay between
the alleged commission of such offence and the reporting thereof.
1
