, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
1. Consider the following statements and identify the correct statement:
A) According to Magmoed v Janse van Rensburg 1993 (1) SACR 67 (A), a witness must be
informed about his or her privilege against self-incrimination unless, based on the facts of the case,
he or she could be expected to be aware of this privilege.
B) Privileged evidence is excluded because it is irrelevant.
C) A witness in a criminal case may refuse to answer a question by reason that the answer may
bring about civil liability on his part
D) For obvious reasons, private privilege only exists during the trial and not also during all
pre-trial procedures.
2. The plaintiff testifies that just before a road accident he had seen a
lorry coming towards him. During cross-examination it is suggested to him has fabricated this
sighting of the lorry because he did not mention the lorry when making
his statement to the police. The plaintiff no wants to submit evidence that he mentioned the lorry
to another witness shortly after the accident.This evidence will be:
A) inadmissible due to irrelevance.
B) admissible to corroborate the plaintiff's evidence.
C) hearsay evidence.
D) admissible to support the plaintiff's credibility.
3. Consider the following statements about corroboration and identify the correct statement:
A) All South African legal rules with respect to corroboration are derived from Canadian
law.
B) When a party is required to corroborate specific evidence, it means that he or she will carry a
larger evidentiary burden than usual.
C) Evidence, which is normally inadmissible, may become admissible if the only purpose of it is
to corroborate other evidence.
D) Documentary evidence can never serve as corroborative evidence.
4. Consider the following statements about the onus of proof and the evidentiary burden and
choose the correct statement:
A) When the onus of proof in criminal matters rests upon the defence, proof
beyond a reasonable doubt is required.
B) The accused bears the onus of proof regarding a defence of criminal non-
responsibility on account of mental illness or mental defect.
C) At the start of a criminal trial, the state is only burdened with the burden of proof.
D) The court in S v Eadie 2002 (1) SACR 663 (SCA) interprets section 78(1B) of the Criminal
Procedure Act 51 of1977 to mean that a defence of sane automatism now imposes a burden of
proof on the accused and not merely an obligation to raise the defence.
1. Consider the following statements and identify the correct statement:
A) According to Magmoed v Janse van Rensburg 1993 (1) SACR 67 (A), a witness must be
informed about his or her privilege against self-incrimination unless, based on the facts of the case,
he or she could be expected to be aware of this privilege.
B) Privileged evidence is excluded because it is irrelevant.
C) A witness in a criminal case may refuse to answer a question by reason that the answer may
bring about civil liability on his part
D) For obvious reasons, private privilege only exists during the trial and not also during all
pre-trial procedures.
2. The plaintiff testifies that just before a road accident he had seen a
lorry coming towards him. During cross-examination it is suggested to him has fabricated this
sighting of the lorry because he did not mention the lorry when making
his statement to the police. The plaintiff no wants to submit evidence that he mentioned the lorry
to another witness shortly after the accident.This evidence will be:
A) inadmissible due to irrelevance.
B) admissible to corroborate the plaintiff's evidence.
C) hearsay evidence.
D) admissible to support the plaintiff's credibility.
3. Consider the following statements about corroboration and identify the correct statement:
A) All South African legal rules with respect to corroboration are derived from Canadian
law.
B) When a party is required to corroborate specific evidence, it means that he or she will carry a
larger evidentiary burden than usual.
C) Evidence, which is normally inadmissible, may become admissible if the only purpose of it is
to corroborate other evidence.
D) Documentary evidence can never serve as corroborative evidence.
4. Consider the following statements about the onus of proof and the evidentiary burden and
choose the correct statement:
A) When the onus of proof in criminal matters rests upon the defence, proof
beyond a reasonable doubt is required.
B) The accused bears the onus of proof regarding a defence of criminal non-
responsibility on account of mental illness or mental defect.
C) At the start of a criminal trial, the state is only burdened with the burden of proof.
D) The court in S v Eadie 2002 (1) SACR 663 (SCA) interprets section 78(1B) of the Criminal
Procedure Act 51 of1977 to mean that a defence of sane automatism now imposes a burden of
proof on the accused and not merely an obligation to raise the defence.
