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MODULE NAME: MODULE CODE:

LAW OF EVIDENCE LAEV8211

ASSESSMENT TYPE: TEST (PAPER ONLY)

TOTAL MARK ALLOCATION: 60 MARKS
TOTAL HOURS: 1 HOUR (+5 minutes reading time)
INSTRUCTIONS:
1. Please adhere to all instructions in the assessment booklet.
2. Independent work is required.
3. Five minutes per hour of the assessment to a maximum of 15 minutes is dedicated to
reading time before the start of the assessment. You may make notes on your question
paper, but not in your answer sheet. Calculators may not be used during reading time.
4. You may not leave the assessment venue during reading time, or during the first hour or
during the last 15 minutes of the assessment.
5. Ensure that your name is on all pieces of paper or books that you will be submitting. Submit
all the pages of this assessment’s question paper as well as your answer script.
6. Answer all the questions on the answer sheets or in answer booklets provided. The phrase
‘END OF PAPER’ will appear after the final set question of this assessment.
7. Remember to work at a steady pace so that you are able to complete the assessment within
the allocated time. Use the mark allocation as a guideline as to how much time to spend on
each section.

Additional instructions:
1. This is a CLOSED BOOK assessment.
2. Calculators are not allowed.
3. Answer all questions.

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Question 1 (Marks: 20)

Answer the following questions:

Q.1.1 Rory is on trial for stabbing Jay. Soon after the incident, Rory is recorded to have (5)
told the investigating officer that he slipped and while falling, accidentally stabbed
Jay. Rory also told his father and brother of the same account of the “accident”.

Discuss 5 reasons relating to why previous consistent statements are considered to

be insufficiently relevant.

Q.1.2 Explain whether the term “evidence” only refers to oral evidence. (3)

Q.1.3 Briefly explain the accusatorial trial procedure and identify the three (3) leading (4)
features thereof.

Q.1.4. Explain whether burden of proof is classified as adjectival or substantive law. (4)

Q.1.5. One of the key concepts to be found in the Law of Evidence is Estoppel. Illustrate (4)
what estoppel refers to with reference to an example.

Question 2 (Marks: 20)

The Law of Evidence, as a branch of the Law of Procedure, concerns the rules that govern the
admissibility of evidence in both criminal and civil trials in South Africa. Currently, there is no all‐
embracing statute governing this area of law, and as such, various sources regulate how courts
adjudicate on the proof of facts in order to make a finding on a case before them. Additionally, the
Constitution of the Republic of South Africa, 1996, remains the supreme law of the Republic and
can invalidate any laws inconsistent with it.

Q.2.1 Briefly discuss the principal provisions of the Constitution,1996, that have an impact (10)
on the law of evidence.

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Q.2.2 The first obstacle in presenting any piece of evidence to a court, in a criminal or civil
case, is showing that the evidence is relevant to the matter before it. Relevance is a
threshold requirement that must be met before the court can consider the value
that the evidence may have in deciding the case. Once evidence is shown to be
relevant, that evidence will be admissible in court, unless it is excluded by some
other rule of law or evidence.

Answer the following questions in light the relevance of different forms of evidence:
Q.2.2.1 Evaluate the concept of opinion evidence as it was discussed in the case (5)
of Colgate Palmolive (Pty) Ltd v Elida‐Gibbs (Pty) Ltd 1989 (3) SA 759 (W).
Q.2.2.2 During a trial where she is being tried for office equipment theft, Sue (5)
presents evidence to show she is an upstanding citizen of good character
by presenting evidence of charity work that she frequently does in her
community.

The general rule with regards to character evidence is that, “…the

accused may adduce evidence of his own good character, but the
prosecution is prohibited from adducing evidence of his or her bad
character, subject to specified exceptions.”

Explain the ways in which the prosecution may respond to Sue’s

evidence of her good character.

Question 3 (Marks: 20)

Gert is on trial for assaulting his wife, Jane, with the intention to cause grievous bodily harm. On
trial, the prosecutor intends to call upon two (2) witnesses, Kele and Erica (Gert’s ex‐girlfriends).
Both witnesses are to testify about Gert’s behaviour when they had their respective relationships
with him. Kele intends to testify about how she once applied for a restraining order against Gert
because he threatened to burn her with boiling water. Erica, on the other hand, intends to testify
about how Gert once pushed her away from the doorway in an argument and threatened to buy a
gun to “deal” with her.

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Advise the prosecutor with regard to calling Kele and Erica as witnesses. Your advice must focus on
the following two aspects:

(a) The general principles regarding similar fact evidence, including its relevance; and
(b) Application of the principles governing similar fact evidence to calling Kele and Erica as
witnesses.

NOTE: 15 marks are to be awarded for your advice (of which 10 marks is for advice on the theory
of similar fact evidence and 5 marks for application to the facts). Another 5 marks are to be
awarded for the manner in which you structure your answer to this question.

END OF PAPER

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