lOMoAR cPSD| 22631064
Assignment 2
Semester 1 2024
Answer the following questions using proper references. Your entire assignment
answer (questions 1 (a)-(e)) must not exceed 15 pages.
1. Mr. Z is arrested on charges of culpable homicide. The prosecutor avers that he
was the driver of a motor vehicle which on 15 December 2023 was involved in a
motor vehicle collision with a pedestrian on Solomon Mahlangu drive, Mamelodi,
Pretoria. The state through the prosecutors, further avers that, Mr. Z knocked down
the pedestrian at a pedestrian crossing, causing his death. Mr. Z is a well-known
businessman running successful business enterprises in the area and at the time
of the accident he was driving back home from a year-end function with his regular
driver, John S as a passenger.
Mr. Z is represented by a prominent criminal law Attorney, Lucky Stanza known for
his aggressive and robust representation of his clients. Lucky Stanza attends a
conference at the prosecutor’s office however the investigating officer is not
invited to the conference. During the conference, Lucky Stanza makes misleading
statements and disclosures “without prejudice”.
(a) Discuss the rules of etiquette regarding the relationships between defence
attorneys, prosecutors and investigating officers.
The legal system in South Africa, especially within criminal law, is grounded in principles
of fairness, justice, and equality before the law, guided by both statutory regulations and
the Constitution of the Republic of South Africa.
Legal Representation and Professional Conduct: The conduct of legal practitioners,
including both attorneys and advocates, is regulated by the Legal Practice Act 28 of 2014.
This legislation establishes standards for professional conduct, outlining the obligations
legal practitioners owe to their clients, the court, and fellow practitioners. These duties
encompass maintaining confidentiality, prioritizing clients' interests, and avoiding conflicts
of interest. In the context of criminal trials, defense attorneys and prosecutors must adhere
to these standards, fostering a professional relationship based on respect and integrity.
Conferences at the Offices of Prosecutors: Conducting meetings in the prosecutor's
office aligns with the principle of professionalism. Such gatherings provide an opportunity
for parties to discuss case-related matters in a neutral and formal setting. This practice
also aligns with operational guidelines of the South African Police Service, emphasizing
collaboration with the National Prosecuting Authority to ensure thorough investigations
and prosecutable cases.
Assignment 2
Semester 1 2024
Answer the following questions using proper references. Your entire assignment
answer (questions 1 (a)-(e)) must not exceed 15 pages.
1. Mr. Z is arrested on charges of culpable homicide. The prosecutor avers that he
was the driver of a motor vehicle which on 15 December 2023 was involved in a
motor vehicle collision with a pedestrian on Solomon Mahlangu drive, Mamelodi,
Pretoria. The state through the prosecutors, further avers that, Mr. Z knocked down
the pedestrian at a pedestrian crossing, causing his death. Mr. Z is a well-known
businessman running successful business enterprises in the area and at the time
of the accident he was driving back home from a year-end function with his regular
driver, John S as a passenger.
Mr. Z is represented by a prominent criminal law Attorney, Lucky Stanza known for
his aggressive and robust representation of his clients. Lucky Stanza attends a
conference at the prosecutor’s office however the investigating officer is not
invited to the conference. During the conference, Lucky Stanza makes misleading
statements and disclosures “without prejudice”.
(a) Discuss the rules of etiquette regarding the relationships between defence
attorneys, prosecutors and investigating officers.
The legal system in South Africa, especially within criminal law, is grounded in principles
of fairness, justice, and equality before the law, guided by both statutory regulations and
the Constitution of the Republic of South Africa.
Legal Representation and Professional Conduct: The conduct of legal practitioners,
including both attorneys and advocates, is regulated by the Legal Practice Act 28 of 2014.
This legislation establishes standards for professional conduct, outlining the obligations
legal practitioners owe to their clients, the court, and fellow practitioners. These duties
encompass maintaining confidentiality, prioritizing clients' interests, and avoiding conflicts
of interest. In the context of criminal trials, defense attorneys and prosecutors must adhere
to these standards, fostering a professional relationship based on respect and integrity.
Conferences at the Offices of Prosecutors: Conducting meetings in the prosecutor's
office aligns with the principle of professionalism. Such gatherings provide an opportunity
for parties to discuss case-related matters in a neutral and formal setting. This practice
also aligns with operational guidelines of the South African Police Service, emphasizing
collaboration with the National Prosecuting Authority to ensure thorough investigations
and prosecutable cases.
