, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
1. Identify the correct statement: Section 35(2) of the Constitution provides for the rights of a
detained person, including:
A) The right to be informed of the charge with sufficient details to answer it (s 35(3)(a)).
B) The right to adduce and challenge evidence and not to be a compellable witness against himself
or herself (s 35(3)(i)and (j)).
C) The right to choose, and to consult with a legal practitioner, and to be informed of this right
promptly (s 35(2)(b)).
D) The right to be presumed innocent, to remain silent during the plea proceedings as well as
during the trial, and not totestify during the trial (s 35(3)).
2. X and Y are accused of removing Y’s son from the custody of his estranged wife (W) and
kidnapping him to an unknown destination. W was an eyewitness to the kidnapping. Consider
the following statements, and choose the correct option:
A) X can compel Y to testify in defence of X.
B) Y can compel W to testify on his behalf.
C) X can compel W to testify on his behalf.
D) Y can compel X to testify in defence of Y.
3. Consider the following statements about the relevance and admissibility of evidence, and
choose the correct statement:
A) Irrelevant evidence will never be admissible, but relevant evidence will always be admissible.
B) Facts relevant to the facts in issue may become in issue themselves. An example would be the
reliability of a witness.
C) During a trial, the court must first consider the competency of a witness, then the admissibility
of evidence, and finally the weight or persuasive value of evidence. The “weight” of evidence
therefore plays no part when the court considers the admissibility of that evidence.
D) A finding by a court that a piece of evidence is inadmissible due to irrelevance is final and
cannot be reconsidered during the same trial.
4. Consider the following statements and choose the correct option:
A) In civil proceedings, the spouse of a party is always a competent and compellable witness for
and against the party concerned.
B) The law as to the competence and compellability to testify is controlled by a residuary clause in
the Criminal Procedure Act 51 of 1977.
C) An unfavourable witness is someone who testifies with the intention to prejudice the case of
the party who called him.
D) A witness who wishes to rely on privilege, e.g., the privilege against self-incrimination, may
refuse to enter the witness box.
1. Identify the correct statement: Section 35(2) of the Constitution provides for the rights of a
detained person, including:
A) The right to be informed of the charge with sufficient details to answer it (s 35(3)(a)).
B) The right to adduce and challenge evidence and not to be a compellable witness against himself
or herself (s 35(3)(i)and (j)).
C) The right to choose, and to consult with a legal practitioner, and to be informed of this right
promptly (s 35(2)(b)).
D) The right to be presumed innocent, to remain silent during the plea proceedings as well as
during the trial, and not totestify during the trial (s 35(3)).
2. X and Y are accused of removing Y’s son from the custody of his estranged wife (W) and
kidnapping him to an unknown destination. W was an eyewitness to the kidnapping. Consider
the following statements, and choose the correct option:
A) X can compel Y to testify in defence of X.
B) Y can compel W to testify on his behalf.
C) X can compel W to testify on his behalf.
D) Y can compel X to testify in defence of Y.
3. Consider the following statements about the relevance and admissibility of evidence, and
choose the correct statement:
A) Irrelevant evidence will never be admissible, but relevant evidence will always be admissible.
B) Facts relevant to the facts in issue may become in issue themselves. An example would be the
reliability of a witness.
C) During a trial, the court must first consider the competency of a witness, then the admissibility
of evidence, and finally the weight or persuasive value of evidence. The “weight” of evidence
therefore plays no part when the court considers the admissibility of that evidence.
D) A finding by a court that a piece of evidence is inadmissible due to irrelevance is final and
cannot be reconsidered during the same trial.
4. Consider the following statements and choose the correct option:
A) In civil proceedings, the spouse of a party is always a competent and compellable witness for
and against the party concerned.
B) The law as to the competence and compellability to testify is controlled by a residuary clause in
the Criminal Procedure Act 51 of 1977.
C) An unfavourable witness is someone who testifies with the intention to prejudice the case of
the party who called him.
D) A witness who wishes to rely on privilege, e.g., the privilege against self-incrimination, may
refuse to enter the witness box.
