TLI4801/102/2/2024

Tutorial Letter 102/2/2024

Techniques in trial and litigation

TLI4801

Semester 2

Department of Criminal and Procedural Law

IMPORTANT INFORMATION

This tutorial letter contains important information about the Assignments for
Semester 02 of 2024 for your module.

BARCODE
 module code/101

CONTENTS

1. INTRODUCTORY REMARKS

2. INSTRUCTIONS TO ANSWER THE TLI4801 ASSIGNMENTS 01 AND 02

3. ASSIGNMENTS: GENERAL COMMENTS

4. ASSIGNMENTS

5. DECLARATION OF AUTHENTICITY AND ACCURACY

6. CONCLUDING REMARKS

1. INTRODUCTORY REMARKS

The TLI4801 module consists of 2 formative assessments in the form of two

compulsory Assignments that must be submitted in preparation for the final
summation assessment (non-venue-based assessment) in respect of this
module.

PLEASE READ THE INSTRUCTIONS FOUND IN TUTORIAL LETTER

101/3/2024 CAREFULLY BEFORE ANSWERING THE ASSIGNMENT
QUESTIONS.

2. INSTRUCTIONS TO ANSWER THE TLI4801 ASSIGNMENTS 01 AND 02

Students are referred to the Tutorial Letter:101/3/2024 found under the official
study material page on myModules. The Tutorial letter contains detailed
information on the approach that students must adopt to answer the assignment
questions.

3. ASSIGNMENTS: GENERAL COMMENTS

The due dates and unique numbers for the assignments are as follows:

FIRST-SEMESTER ASSIGNMENTS: DUE DATES AND UNIQUE

ASSIGNMENT NUMBERS
Assignment description Due date Unique number
Assignment 01 19 August 2024 790561
Assignment 02 17 September 2024 658416
Assignment 03 (exam portfolio) 22 October 2024 658473

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Your year mark for this module is as follows:

 The two compulsory formative assignments for this module contribute

40% towards your final mark and the examination (by way of portfolio)
contributes 60% towards your final mark.

 You will not write a non-venue-based examination for this module,

because:

 Your final assessment task is called a portfolio, and it is the focal point
of this course.

 In your portfolio (Assignment 03), you are expected to reflect on

the holistic learning outcomes of the module and provide evidence to
demonstrate that you have grasped the concepts through answering
specific questions, analysing facts or perhaps drafting documents.

 The purpose of the portfolio (Assignment 03) is to assess whether you

have achieved the overall purpose of the module indicated in Tutorial
Letter 101.

4. ASSIGNMENTS

4.1 Assignment 01 – Semester 2

Answer the following questions using proper references. Your entire

assignment answer (questions 1 (a) – (e) must not exceed 15 pages. Note:
You may make up your own facts to supplement the given facts
without detracting from the core issues.

1. You are a recently admitted legal practitioner practising as an advocate

in terms of the Legal Practice Act, 2014. On the afternoon of 26 June
2024 at around 7am in Bryanston, Johannesburg, Mr M is on his way
back home from a run when he got hit by Mr. Deen Ros, driving a 4/x4
Bakkie motor vehicle with registration number DR 482 RR GP. The
collision occurred on the side of the road a few metres from the house
owned and registered in the name of Mrs M, the wife of Mr M. and this
is after Mr. Ros had lost control of the motor vehicle which also resulted
in him colliding with a boundary wall of the house owned by Mrs M. Mr
M suffered a broken leg because of the collision and now seeks to
institute a claim for damages against Mr. Dee Ros, including medical
costs in the amount of R130 000,00. The costs to repair the damage to
the wall was quoted to Mrs M as amounting to R68 000,00 and she
seeks to institute legal action for these damages as well.

Mr M and Mrs M now approach you for advice following a referral from
a mutual friend and Mr M’s instructions are for you to institute legal
action against Mr. Deen Ros for his negligent driving that resulted in the
personal injury damages he has suffered, and Mrs M seeks to sue for
the costs to repair the damages to the boundary wall of her property.

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 (a) Discuss whether the Road Accident Fund can be approached in this
matter involving Mrs M. (6)

(b) Discuss the type of summons that will be used to institute both of Mrs
M’s and Mr. M and Mrs’ claims respectively

(c) Draft the pleading referred to in (b) above for each of the claims; It must
include inter alia, a heading, the description of the parties, their locus
standi (if applicable), the court’s jurisdiction, material facts and the
prayer for each of the claims

Refer to chapters 5 and 6 of the prescribed textbook

(d) Critically discuss the purpose and objectives of your interview and the
aim of exchanging pleasantries with Mrs M during the interview

(e) Explain the different categories of legal practitioners in practice

and indicate as part of your answer, the rules of the profession in
terms of the Legal Practice Act, 2014 that you will be required to
comply with before you can be able to assist Mrs M directly
without an attorney (6)

Total for Assignment 01: [30]

4.2 Assignment 02 – Semester 2

Answer the following questions, using proper references. Your entire

assignment answer must not exceed 15 pages.

1. D is arrested on a charge of murder. He was seen by eye- witnesses

stabbing the deceased in an altercation, and thereafter fleeing the
scene. D was arrested by the police at his house. He thereupon phones
his attorney BX from the police holding cells and says to him: “I have
been arrested, please get me out of jail.”

Critically discuss whether prosecutorial bail may be applied for the

release of the accused, D in this instance.

Source: Maharaj, A. Confident Criminal Litigation (2010) Chapter 1:

Arrest and Bail

2. A defence lawyer Mr. Danny Cane realises that his client’s plea of guilty
in terms of section 112 of the Criminal Procedure Act, 1977 is incorrect
because it does not contain a valid defence to the charge of theft.
Discuss whether Mr. Cane can correct his client’s plea.

3. Discuss whether the credibility of a witness will influence a section 174

discharge application in terms of the Criminal Procedure Act, 1977.

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Source for questions 2-3: Maharaj A. Confident Criminal Litigation (2010)

Chapter 1: The Trial

4. A defence lawyer consults with his client in the presence of supporting

defence witnesses. Discuss the impact of the cautionary rule on this
consultation process.

Source: J Engelbrecht, Morris Technique in Litigation (2010) Chapter

19/Criminal cases

5. Your client, Assault Masina is arrested on a charge of assault with the

intention to do grievous bodily harm (GBH). He advises you that he is
not guilty. The evidence against your client is that he was seen by
witnesses assaulting the victim, Jules Kat with a knobkerrie. The
incident took place on the 30 June 2024 near Mamelodi East, Pretoria
in the Regional Division of North Gauteng. The victim was hospitalised
as a result of his injuries.

Your client instructs you, his attorney, to tender a plea of not guilty on
his behalf. Draft your client’s plea of not guilty in terms of the relevant
section of the Criminal Procedure Act 51 of 1977.

Note: In your answers, you may make up facts to supplement the given
facts provided that your own rendition does not detract from the
core issues.

Source: Maharaj, A. Confident Criminal Litigation (2010) Chapter 1: The

Trial
[30]

5. DECLARATION OF AUTHENTICITY AND ACCURACY

We enclose a sample declaration for completion. Please attach the signed

declaration to your examination answers. We will not mark your examination
UNLESS you attach the signed declaration to your examination answers.

DECLARATION OF AUTHENTICITY AND ACCURACY

I, (Full name/s and surname) …………………………………………………………..

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 Student number: ………………………………………………………………………
declare that I am the author of this examination in TLI4801. I further declare that the
entire examination is my own, original, correct work and that where I used other
information and resources, I did so in a responsible manner. I did not plagiarize in
any way and I have referenced and acknowledged any legal resources that I have
consulted and used to complete this examination. By signing this declaration, I
acknowledge that I am aware of what plagiarism is, and the consequences
thereof. Furthermore, I acknowledge that I am aware of UNISA’s policy on plagiarism
and understand that if there is evidence of plagiarism within this document, UNISA may
take the necessary action.

Date: …………………………………………………….

Place:…………………………………………………….

Signature:……………………………………………….
(provide an electronic signature or type or write your name or surname again)

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6. CONCLUDING REMARKS

Your results will be released by the Directorate: Student Assessment

Administration (DSAA) during the official release period of examination
results. We as lecturers are not authorised to release any results in any
manner. We wish you success with your future studies.

Regards

MR. B MASHABANE
PROF J LE ROUX-BOUWER