FOR2609 Assignment 2 (DETAILED ANSWERS) Semester 2 2026 - DISTINCTION GUARANTEED

FOR2609 Assignment 2 (DETAILED ANSWERS) Semester 2 2026 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references During Mr Matlala’s motor vehicle accident trial, the prosecution intends to call a police reserve officer, Mr Sibiya, to testify as an expert witness about whether Mr Matlala was drunk at the time of the accident. Mr Sibiya was not at the accident scene and did not test Mr Matlala’s blood for alcohol content. However, Mr Sibiya has many years of experience as a police reserve officer and has attended numerous car accidents where drivers were found to be intoxicated Mr Sibiya knows Mr Matlala personally, as a tavern owner, and they previously had an altercation. Mr Mkhwanazi, an honest and seasoned police officer, saw the accident when it happened; however, he was not requested to provide a statement. 2.1 Explain the relationship between proof and the law of evidence. (6) 2.2 Discuss the requirements for a person to be allowed to testify in court as an expert witness (8) 2.3 Will it be proper for the prosecutor to call Mr Sibiya to provide expert testimony concerning Mr Matlala’s accident scene? Substantiate your answer. (6) 2.4 Presiding officers in criminal courts have powers to adjudicate matters before them. Such powers can include taking “judicial notice”. Define and explain the concept “judicial notice”. (8) 2.5 Will the court be willing to listen to Mr Mkhwanazi’s testimony? Substantiate your answer. (6) 2.6 Opinion evidence can be crucial in solving the case in court. Discuss opinion evidence and the exceptions to the general rule of admissibility. (8) Downloaded by Edge Tutor () lOMoARcPSD| 2.7 Dialogue outside of court is different from testifying on the witness stand. In your own words, explain the tendering of evidence.