LPL4802 – Law of Evidence■Assignment 3 – 1st Semester 2025■Due Date: 18 April 2025
Instructions
Instructions:
1. Answer ALL questions.
2. Support your answers with relevant case law and statutory references.
3. Write in your own words. Plagiarism will result in disqualification.
Question 1
Question 1 [20 marks]
Discuss the constitutional rights that are engaged when an accused person’s confession is used as evidence in a criminal tr
Answer 1
Answer 1:
The key constitutional rights involved include:
- **Right to remain silent (Section 35(1)(a))** – protects against self-incrimination.
- **Right to be informed of rights (Section 35(1)(b))** – the accused must be advised of their right to remain silent and legal r
- **Right not to be compelled to make a confession (Section 35(3)(j))** – confessions must be voluntary.
- **Right to a fair trial (Section 35(3))** – includes procedural fairness, legal representation, and protection from unlawful coe
Relevant case: *S v Zuma 1995 (2) SA 642 (CC)*, which declared parts of the previous rule on confessions unconstitutional
Instructions
Instructions:
1. Answer ALL questions.
2. Support your answers with relevant case law and statutory references.
3. Write in your own words. Plagiarism will result in disqualification.
Question 1
Question 1 [20 marks]
Discuss the constitutional rights that are engaged when an accused person’s confession is used as evidence in a criminal tr
Answer 1
Answer 1:
The key constitutional rights involved include:
- **Right to remain silent (Section 35(1)(a))** – protects against self-incrimination.
- **Right to be informed of rights (Section 35(1)(b))** – the accused must be advised of their right to remain silent and legal r
- **Right not to be compelled to make a confession (Section 35(3)(j))** – confessions must be voluntary.
- **Right to a fair trial (Section 35(3))** – includes procedural fairness, legal representation, and protection from unlawful coe
Relevant case: *S v Zuma 1995 (2) SA 642 (CC)*, which declared parts of the previous rule on confessions unconstitutional
