lOMoAR cPSD| 18998289
, CONFIDENTIAL
THIS PAPER CONSISTS OF 7 PAGES.
INSTRUCTIONS FOR A TAKE-HOME EXAM WITH ASSESSMENT INFO TOOL ON MYUNISA
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE EXAMINATION
QUESTIONS.
1. The examination question paper counts 100 marks.
2. ANSWER ALL the questions. You may type your answers, but you will save a lot of time by writing your
answers down and scanning it the appropriate place.
3. The duration of the examination is 4 hours. Your portfolio opens on 3 February 2021 at 10h15 and must
be submitted via myUnisa on 3 February 2021 on or before 14h15 (Central African Time).
4. This is an open-book examination. You may consult your prescribed study material during the
examination. You may not consult anyone else and must submit your own work. Remember that an
open-book examination is a test at a higher level than the usual type of examination, where memory is
tested as much as insight. You are expected to prove that you can use and apply information, rather
than merely repeat it. In brief, what is being tested is factual knowledge, understanding and the correct
application thereof. You are expected to identify precisely what information applies and then explain
why you think so. Also, because you have the guide available when answering questions, we do not
give marks for direct quotations from the guide. You are, therefore, assessed on your level of
understanding of the legal principles, by looking at how well you applied the principles to the questions.
PLEASE
, [TURN OVER]
DO NOT CUT AND PASTE ANSWERS FROM ANY SOURCE. YOU WILL RECEIVE 0% FOR THE
EXAMINATION IF THIS TOOK PLACE.
5. Your answer to this portfolio examination must be submitted online on myUnisa. Full instructions on
how to do this were sent with your examination timetable. You can either submit your typed answers
from your PC or device or submit your scanned written answers.
6. How do I upload my answer file?
6.1 On the landing page for myUnisa, before login, go back to the link where you downloaded your
examination paper. Login and download my Exam Question Paper for Jan/Feb 2021.
6.2 Login using your student number and myUnisa password. 6.3 On the next screen, find the
module code for which you want to submit an answer file. Click on the link to <submit
answer file=. This link will only display if the examination session is still open for file
submissions.
6.4 A new screen will open that will guide you through the steps to upload your answer file.
Question 1
X and Y are accused of removing Y’s son from the custody of his (Y’s) estranged wife (W), and
kidnapping him to an unknown destination. W is an eyewitness to the kidnapping. Fully discuss the
competence and compellability of X, Y and W as witnesses for the state, and against each other. (6)
Question 2
Mrs Philanderer has grown tired of her husband’s suspected marital infidelities. She engages
the services of a private detective, who takes long-range photographs of Mr Philanderer engaged in
, improper extra-marital activities. Advise her, as her legal counsel, on the following questions, citing legal
authority where applicable.
2.1 In any ensuing action for divorce, would these photographs be admissible as evidence? As what
should this type of evidence be classified? Would it make any difference if the private detective
had been making use of a digital camera? (12)
2.2 What should your course of action be if the private detective is called as one of her (Mrs
Philanderer’s) witnesses, but then gives evidence very much favourable to Mr
Philanderer (probably having been bribed)? (5)
Question 3
A shoots and kills his wife’s lover in front of her and is subsequently charged with murder. Two
witnesses can testify on behalf of the state: A’s wife can testify about what she saw and a
ballistics expert can testify that the bullet that was found in the body of the deceased, was fired by a gun
found in A’s possession. Fully discuss how the court must approach the evidence of these
witnesses. Can the state force A’s wife to testify on their behalf? (15)
Question 4
Fully comment on the following statement: <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.= (5) Question 5
During the presentation of the state’s case on a charge of escaping from prison, the prosecution
wants to present evidence about the accused’s latest previous conviction. During the same case,
the prosecution also wants to present evidence about a previous conviction for escaping from prison,
, CONFIDENTIAL
THIS PAPER CONSISTS OF 7 PAGES.
INSTRUCTIONS FOR A TAKE-HOME EXAM WITH ASSESSMENT INFO TOOL ON MYUNISA
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE EXAMINATION
QUESTIONS.
1. The examination question paper counts 100 marks.
2. ANSWER ALL the questions. You may type your answers, but you will save a lot of time by writing your
answers down and scanning it the appropriate place.
3. The duration of the examination is 4 hours. Your portfolio opens on 3 February 2021 at 10h15 and must
be submitted via myUnisa on 3 February 2021 on or before 14h15 (Central African Time).
4. This is an open-book examination. You may consult your prescribed study material during the
examination. You may not consult anyone else and must submit your own work. Remember that an
open-book examination is a test at a higher level than the usual type of examination, where memory is
tested as much as insight. You are expected to prove that you can use and apply information, rather
than merely repeat it. In brief, what is being tested is factual knowledge, understanding and the correct
application thereof. You are expected to identify precisely what information applies and then explain
why you think so. Also, because you have the guide available when answering questions, we do not
give marks for direct quotations from the guide. You are, therefore, assessed on your level of
understanding of the legal principles, by looking at how well you applied the principles to the questions.
PLEASE
, [TURN OVER]
DO NOT CUT AND PASTE ANSWERS FROM ANY SOURCE. YOU WILL RECEIVE 0% FOR THE
EXAMINATION IF THIS TOOK PLACE.
5. Your answer to this portfolio examination must be submitted online on myUnisa. Full instructions on
how to do this were sent with your examination timetable. You can either submit your typed answers
from your PC or device or submit your scanned written answers.
6. How do I upload my answer file?
6.1 On the landing page for myUnisa, before login, go back to the link where you downloaded your
examination paper. Login and download my Exam Question Paper for Jan/Feb 2021.
6.2 Login using your student number and myUnisa password. 6.3 On the next screen, find the
module code for which you want to submit an answer file. Click on the link to <submit
answer file=. This link will only display if the examination session is still open for file
submissions.
6.4 A new screen will open that will guide you through the steps to upload your answer file.
Question 1
X and Y are accused of removing Y’s son from the custody of his (Y’s) estranged wife (W), and
kidnapping him to an unknown destination. W is an eyewitness to the kidnapping. Fully discuss the
competence and compellability of X, Y and W as witnesses for the state, and against each other. (6)
Question 2
Mrs Philanderer has grown tired of her husband’s suspected marital infidelities. She engages
the services of a private detective, who takes long-range photographs of Mr Philanderer engaged in
, improper extra-marital activities. Advise her, as her legal counsel, on the following questions, citing legal
authority where applicable.
2.1 In any ensuing action for divorce, would these photographs be admissible as evidence? As what
should this type of evidence be classified? Would it make any difference if the private detective
had been making use of a digital camera? (12)
2.2 What should your course of action be if the private detective is called as one of her (Mrs
Philanderer’s) witnesses, but then gives evidence very much favourable to Mr
Philanderer (probably having been bribed)? (5)
Question 3
A shoots and kills his wife’s lover in front of her and is subsequently charged with murder. Two
witnesses can testify on behalf of the state: A’s wife can testify about what she saw and a
ballistics expert can testify that the bullet that was found in the body of the deceased, was fired by a gun
found in A’s possession. Fully discuss how the court must approach the evidence of these
witnesses. Can the state force A’s wife to testify on their behalf? (15)
Question 4
Fully comment on the following statement: <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.= (5) Question 5
During the presentation of the state’s case on a charge of escaping from prison, the prosecution
wants to present evidence about the accused’s latest previous conviction. During the same case,
the prosecution also wants to present evidence about a previous conviction for escaping from prison,
