TLI4801/102/1/2024
Tutorial Letter 102/1/2024
Techniques in trial and litigation
TLI4801
SEMESTER 1
Department of Criminal and Procedural Law
IMPORTANT INFORMATION:
This tutorial letter contains important information
about the Assignments for Semester 01 of 2024 for
your module.
Define tomorrow
TLI4801/102/1/2024
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 18 March 2024 790414
Assignment 02 22 April 2024 790475
Assignment 03 (exam portfolio) 28 May 2024 790512
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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 1
Answer the following questions using proper references. Your entire assignment answer
(questions 1 (a) – (d)) 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 16 January 2024, Mrs M is on her
way back home in Bryanston, Johannesburg after collecting her two children from
their first day back at school when she is involved in a motor vehicle accident where
her vehicle was hit from behind by Mr. K who had failed to stop at a red traffic light at
the corner of Winnie Mandela Drive and Sloane Street, Bryanston, resulting in the
collision. Mrs M vehicle suffered extensive damage to its electronic safety systems to
the value of R80 000,00, amongst other damages caused and she is extremely
distressed in that she does not have insurance and is unable to afford to pay for the
repair costs.
Mrs. M approaches you for advice following a referral from a mutual friend and her
(Mrs. M) instructions are for you to institute legal action against Mr. K for his negligent
driving that resulted in the damages to Mrs M’s motor vehicle.
Answer the following questions.
(a) Critically discuss the purpose and objectives of your interview and the aim of
exchanging pleasantries with Mrs M during the interview. (10)
(b) Discuss the type of summons Mrs M will use to institute her claim or action. (4)
(c) Discuss the term “facta probanda” and draft that section of the pleading
(referred to in (b) above) that sets out Mrs M’s “facta probanda” only. (10)
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(d) 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 1
Answer the following questions using proper references. Your entire assignment answer
(questions 1 (a)-(e)) must not exceed 15 pages.
1. Mr. Z is arrested on charges of culpable homicide. The prosecutor avers that he was
the driver of a motor vehicle which on 15 December 2023 was involved in a motor
vehicle collision with a pedestrian on Solomon Mahlangu drive, Mamelodi, Pretoria.
The state through the prosecutors, further avers that, Mr. Z knocked down the
pedestrian at a pedestrian crossing, causing his death. Mr. Z is a well-known
businessman running successful business enterprises in the area and at the time of
the accident he was driving back home from a year-end function with his regular
driver, John S as a passenger.
Mr. Z is represented by a prominent criminal law Attorney, Lucky Stanza known for
his aggressive and robust representation of his clients. Lucky Stanza attends a
conference at the prosecutor’s office however the investigating officer is not invited
to the conference. During the conference, Lucky Stanza makes misleading
statements and disclosures “without prejudice”.
(a) Discuss the rules of etiquette regarding the relationships between defence
attorneys, prosecutors and investigating officers. (7)
(b) Suppose Mr. Z informs Lucky Stanza that he discussed the issue with John S
and the latter wants to accept responsibility for the incident and to indicate that
he was the driver of the vehicle at the time of the accident and not Mr. Z and
therefore that John S is willing to plead guilty so as to protect Mr. Z. Discuss
the advice Lucky Stanza will furnish Mr. Z in this instance. (7)
(c) Critically discuss the type of information Lucky Stanza should avoid when
drafting Mr. Z’s plea explanation. (3)
(d) Discuss the procedure regarding the assembling of evidence in a criminal trial.
(6)
(e) Suppose Mr. Z applies to be released on bail. Advise the presiding judicial
officer as to the relevant factors to be considered when entertaining Mr. Z’s
request for release on bail and, if so, the conditions attached thereto. You must
refer to relevant case law in your answer. (7)
Total for Assignment 02: [30]
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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)
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)
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
