CRW2602 MCQ EXAM PACK 2026
CERTIFICATION STUDY PACK
◉ What must Mr. Masiya do after being sentenced? Answer: He has
the right to seek leave to appeal to the appropriate court.
◉ Why is Mr. Masiya's application for leave to appeal on the merits
considered premature? Answer: Because he has not yet been
sentenced.
◉ What does Section 172(1)(b) of the Constitution allow the Court
to do? Answer: It confers a discretion to make any order that is just
and equitable.
◉ What was the finding regarding the common-law definition of
rape? Answer: It is not constitutionally invalid but falls short of the
spirit, purport, and objects of the Bill of Rights.
◉ What specific change was made to the definition of rape? Answer:
It was extended to include non-consensual penetration of the male
penis into the anus of a female.
,◉ What was the outcome regarding the declaration of constitutional
invalidity of the statutory provisions? Answer: The declaration of
invalidity was set aside.
◉ What conviction was Mr. Masiya's original conviction of rape
replaced with? Answer: Indecent assault.
◉ What must the Regional Court consider when imposing
punishment for Mr. Masiya's conviction? Answer: The nature and
gravity of the offence, not just the legal definition.
◉ What does the judgment state about the sentence for indecent
assault compared to rape? Answer: The sentence for indecent
assault does not automatically mean it should be more lenient than a
sentence for rape.
◉ What was the final order regarding Mr. Masiya's conviction?
Answer: The conviction of rape was set aside and replaced with a
conviction of indecent assault.
◉ What does the Court appreciate regarding the case proceedings?
Answer: The assistance received from all counsel in the matter.
◉ What was the status of the High Court's order after the appeal?
Answer: The order of the High Court was set aside in its entirety.
,◉ What was the purpose of remitting the case back to the Regional
Court? Answer: For Mr. Masiya to be sentenced in light of the
judgment.
◉ What does the judgment specify about the applicability of the
developed common law? Answer: It shall only apply to conduct that
takes place after the date of judgment.
◉ What was the outcome of the application for leave to appeal
against the declarations of invalidity? Answer: The application was
granted.
◉ What was the outcome of the application for leave to appeal
against the conviction on the merits? Answer: The application was
dismissed.
◉ What does the judgment indicate about public perception of the
offence committed by Mr. Masiya? Answer: The offence of indecent
assault arouses public indignation.
◉ How many judges concurred in the judgment of Nkabinde J?
Answer: Eight judges concurred.
, ◉ What does the term 'just and equitable' refer to in the context of
the Court's discretion? Answer: It refers to the Court's ability to
make fair and reasonable orders.
◉ What is the significance of the judgment regarding the
development of common law? Answer: It reflects the evolving
understanding of legal definitions in relation to constitutional rights.
◉ What does the judgment imply about the legal process following a
conviction? Answer: It emphasizes the importance of justice and
appropriate sentencing based on the nature of the crime.
◉ What was the nature of the crime committed by Mr. Masiya?
Answer: He assaulted a nine-year-old child.
◉ What does the judgment suggest about the relationship between
legal definitions and societal values? Answer: It indicates that legal
definitions must align with societal values and rights as outlined in
the Bill of Rights.
◉ What is the citation for the case S v A? Answer: 1993 (1) SACR
600 (A)
◉ In which court was the case S v A heard? Answer: Appelafdeling
CERTIFICATION STUDY PACK
◉ What must Mr. Masiya do after being sentenced? Answer: He has
the right to seek leave to appeal to the appropriate court.
◉ Why is Mr. Masiya's application for leave to appeal on the merits
considered premature? Answer: Because he has not yet been
sentenced.
◉ What does Section 172(1)(b) of the Constitution allow the Court
to do? Answer: It confers a discretion to make any order that is just
and equitable.
◉ What was the finding regarding the common-law definition of
rape? Answer: It is not constitutionally invalid but falls short of the
spirit, purport, and objects of the Bill of Rights.
◉ What specific change was made to the definition of rape? Answer:
It was extended to include non-consensual penetration of the male
penis into the anus of a female.
,◉ What was the outcome regarding the declaration of constitutional
invalidity of the statutory provisions? Answer: The declaration of
invalidity was set aside.
◉ What conviction was Mr. Masiya's original conviction of rape
replaced with? Answer: Indecent assault.
◉ What must the Regional Court consider when imposing
punishment for Mr. Masiya's conviction? Answer: The nature and
gravity of the offence, not just the legal definition.
◉ What does the judgment state about the sentence for indecent
assault compared to rape? Answer: The sentence for indecent
assault does not automatically mean it should be more lenient than a
sentence for rape.
◉ What was the final order regarding Mr. Masiya's conviction?
Answer: The conviction of rape was set aside and replaced with a
conviction of indecent assault.
◉ What does the Court appreciate regarding the case proceedings?
Answer: The assistance received from all counsel in the matter.
◉ What was the status of the High Court's order after the appeal?
Answer: The order of the High Court was set aside in its entirety.
,◉ What was the purpose of remitting the case back to the Regional
Court? Answer: For Mr. Masiya to be sentenced in light of the
judgment.
◉ What does the judgment specify about the applicability of the
developed common law? Answer: It shall only apply to conduct that
takes place after the date of judgment.
◉ What was the outcome of the application for leave to appeal
against the declarations of invalidity? Answer: The application was
granted.
◉ What was the outcome of the application for leave to appeal
against the conviction on the merits? Answer: The application was
dismissed.
◉ What does the judgment indicate about public perception of the
offence committed by Mr. Masiya? Answer: The offence of indecent
assault arouses public indignation.
◉ How many judges concurred in the judgment of Nkabinde J?
Answer: Eight judges concurred.
, ◉ What does the term 'just and equitable' refer to in the context of
the Court's discretion? Answer: It refers to the Court's ability to
make fair and reasonable orders.
◉ What is the significance of the judgment regarding the
development of common law? Answer: It reflects the evolving
understanding of legal definitions in relation to constitutional rights.
◉ What does the judgment imply about the legal process following a
conviction? Answer: It emphasizes the importance of justice and
appropriate sentencing based on the nature of the crime.
◉ What was the nature of the crime committed by Mr. Masiya?
Answer: He assaulted a nine-year-old child.
◉ What does the judgment suggest about the relationship between
legal definitions and societal values? Answer: It indicates that legal
definitions must align with societal values and rights as outlined in
the Bill of Rights.
◉ What is the citation for the case S v A? Answer: 1993 (1) SACR
600 (A)
◉ In which court was the case S v A heard? Answer: Appelafdeling
