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,UNIVERSITY EXAMINATIONS
May/June 2024
SCW2601
INTRODUCTION TO LAW FOR SOCIAL WORK IIA
100 Marks
Duration Hours: 4 hours
FIRST EXAMINER: Prof M Labuschaigne
SECOND EXAMINER: Prof M Swanepoel
,SECTION A
QUESTION 1
Tobias and his partner, Zoe, are having an argument about his infidelity and lack of commitment
towards her. Zoe has told her friends in the past that Tobias has a violent streak and that he
assaults her often. As their argument reaches a climax, neighbours hear Zoe’s screams. They
run to her front door to see whether they can assist her, only to find the door wide open and Zoe
lying in a pool of blood. Upon closer inspection, it seems that she has been stabbed in the chest,
but fortunately not fatally injured. Tobias is nowhere to be seen. Two days later, the police found
Tobias hiding in his mother’s house. He is arrested then and there and charged with attempted
murder and assault with intent to do grievous bodily harm. Tobias has no income of his own
and is appointed a legal representative by the state.
1.1 What type of case is this? (1)
1.2 What are the differences between a civil and criminal case? (4)
1.3 During the arrest, Tobias is taken to a holding cell at the nearby police station. Tobias
refuses to talk to the police and insist that as an accused, he has certain rights in terms of the
Bill of Rights. Explain what ‘human rights’ are. Also identify two rights that may be
relevant to Tobias and briefly describe each of these. (5)
1.4 In preparation for Tobias’s case, his legal representative will consult authoritative and
nonauthoritative sources. List four authoritative and two non-authoritative sources that
his legal representative may consult in order to prepare for his case. (6)
, 1.5 Discuss how the legal representative should handle the information that Tobias shares with him.
What is the nature of the relationship between Tobias and his legal representative? (5)
1.6 Briefly describe three duties that Tobias’s legal representative has in terms of the Legal Practice
Council Code of Conduct. (3)
1.7 Tobias explains to his legal representative that he stabbed Zoe because she was taunting him
and that she told him that she is having a relationship with his brother. What factor may
be relevant in considering Tobias’s criminal capacity? (1)
[25]
QUESTION 2
2.1 Discuss the differences between state advocates and state prosecutors. (5)
2.2 Explain the differences between a judge and a magistrate. (5)
[10]
SECTION B
QUESTION 3
Xolisile is a social worker who is monitoring a divorce involving minor children. She is in
regular contact with the Family Advocate. The dispute has reached a stage where she is
convinced that mediation should be recommended. She communicates this recommendation to
the Family Advocate.
,UNIVERSITY EXAMINATIONS
May/June 2024
SCW2601
INTRODUCTION TO LAW FOR SOCIAL WORK IIA
100 Marks
Duration Hours: 4 hours
FIRST EXAMINER: Prof M Labuschaigne
SECOND EXAMINER: Prof M Swanepoel
,SECTION A
QUESTION 1
Tobias and his partner, Zoe, are having an argument about his infidelity and lack of commitment
towards her. Zoe has told her friends in the past that Tobias has a violent streak and that he
assaults her often. As their argument reaches a climax, neighbours hear Zoe’s screams. They
run to her front door to see whether they can assist her, only to find the door wide open and Zoe
lying in a pool of blood. Upon closer inspection, it seems that she has been stabbed in the chest,
but fortunately not fatally injured. Tobias is nowhere to be seen. Two days later, the police found
Tobias hiding in his mother’s house. He is arrested then and there and charged with attempted
murder and assault with intent to do grievous bodily harm. Tobias has no income of his own
and is appointed a legal representative by the state.
1.1 What type of case is this? (1)
1.2 What are the differences between a civil and criminal case? (4)
1.3 During the arrest, Tobias is taken to a holding cell at the nearby police station. Tobias
refuses to talk to the police and insist that as an accused, he has certain rights in terms of the
Bill of Rights. Explain what ‘human rights’ are. Also identify two rights that may be
relevant to Tobias and briefly describe each of these. (5)
1.4 In preparation for Tobias’s case, his legal representative will consult authoritative and
nonauthoritative sources. List four authoritative and two non-authoritative sources that
his legal representative may consult in order to prepare for his case. (6)
, 1.5 Discuss how the legal representative should handle the information that Tobias shares with him.
What is the nature of the relationship between Tobias and his legal representative? (5)
1.6 Briefly describe three duties that Tobias’s legal representative has in terms of the Legal Practice
Council Code of Conduct. (3)
1.7 Tobias explains to his legal representative that he stabbed Zoe because she was taunting him
and that she told him that she is having a relationship with his brother. What factor may
be relevant in considering Tobias’s criminal capacity? (1)
[25]
QUESTION 2
2.1 Discuss the differences between state advocates and state prosecutors. (5)
2.2 Explain the differences between a judge and a magistrate. (5)
[10]
SECTION B
QUESTION 3
Xolisile is a social worker who is monitoring a divorce involving minor children. She is in
regular contact with the Family Advocate. The dispute has reached a stage where she is
convinced that mediation should be recommended. She communicates this recommendation to
the Family Advocate.
