TLI4801/202/2/2024

Tutorial Letter 202/2/2024

Techniques in trial and litigation

TLI4801

SEMESTER 2

Department of Criminal and Procedural Law

IMPORTANT INFORMATION:
This tutorial letter contains important information
about the Oct/Nov 2024 examination for your
module.
 TLI4801/202/2/2024
CONTENTS

1 INTRODUCTORY REMARKS

2 INSTRUCTIONS TO ANSWER THE OCTOBER/NOVEMBER 2024

EXAMINATION (NON-VENUE- BASED EXAMINATION)

3 OCTOBER/NOVEMBER 2024 EXAMINATION (NON-VENUE BASED

EXAMINATION)
4
DECLARATION OF AUTHENTICITY
5
CONCLUDING REMARKS

1. INTRODUCTORY REMARKS

This examination represents the final summation assessment (non-venue-based

assessment) in respect of this module. Therefore, do not contact any of the lecturers for
guidelines regarding the completion of this assessment.

2. INSTRUCTIONS TO ANSWER THE OCTOBER/NOVEMBER 2024

EXAMINATION (NON-VENUE BASED EXAMINATION)

PLEASE COMPLY WITH THE FOLLOWING INSTRUCTIONS WHEN ANSWERING THE

EXAMINATION (NON-VENUE- BASED EXAMINATION).

2.1
Due date for examination: 22 October 2024

Unique number: 658473

Submission period: 17 October 2024 – 22 October 2024

ATTENTION ALL STUDENTS:

The myModules system will open for submission of your answers on 17 October 2024
at 08:00 am, and it will close on 22 October 2024 at 23:00 .You may submit your
portfolio assessment answers at any time between these times, and you may only
submit during this period. AT THE EXPIRY OF THIS PERIOD, THE SYSTEM WILL
CLOSE, AND YOU WILL NO LONGER BE ABLE TO SUBMIT YOUR ANSWERS.
NO LATE SUBMISSIONS WILL BE ACCEPTED since this assessment counts as
your examination for this module.

You are advised to submit your examination answers as soon as possible. NO

EXTENSION FOR LATE SUBMISSION WILL BE GRANTED.

2
 TLI4801/202/2/2024

PLEASE NOTE: Tutorial Letter 202/2/2024 will only be available on myModules

during the period of submission, as it serves the same purpose as an examination
paper.

Once the submission closes on the system, this tutorial letter is automatically
removed and will no longer be available and can no longer be accessed.

2.2 You must submit your examination answers as a single document in PDF-format, and
same may not be submitted with security restrictions under the “protect document”-
option due to the fact that the security restrictions interfere with the electronic marking
programme used and also prevents the electronic marking of assignments.
PORTFOLIOS E-MAILED TO LECTURERS WILL NOT BE ACCEPTED AS
ASSIGNMENTS MUST BE REGISTERED AND PROCESSED ON THE SYSTEM
BY THE ASSIGNMENT DEPARTMENT. If you submit your portfolio in an incorrect
format, or if you submit the portfolio with security restrictions under the “protect
document”-option, the portfolio will simply be cancelled, and you could fail this
assessment (which will result in you having to re-register for this module next
semester).

As you may only submit one document, you must ensure that everything you want us
to assess is included in the ONE document that you submit. No additional files will be
accepted either on myModules or via e-mail. This includes the declaration of
authenticity! A second submission automatically replaces the first submission
on the system, and a submission comprising only a declaration of authenticity
will thus result in a zero-mark.

Ensure you keep a copy of the portfolio that you submit AND keep evidence of your
submission on the myModules platform. Also, FOLLOW ALL THE STEPS
REQUIRED FOR SUBMISSION. If you fail to do so, the system will show that you
did not submit the portfolio assignment, and your examination result will read “absent
from examination”.

All queries regarding problems with myUnisa must be addressed to the

Assignment Department, Bugmaster or the ICT Department and not to the
lecturers. WE CANNOT PROVIDE ANY TECHNICAL ASSISTANCE AND ALSO
DO NOT HAVE ACCESS TO THE SYSTEM. PLEASE DO NOT EMAIL YOUR
PORTFOLIO ANSWERS TO THE LECTURERS!

2.3 The examination answers must contain your full names, student number, module
code, unique number, and declaration of authenticity.

2.4 The examination counts 100 marks and consists of TWO (2) questions. Each answer
must commence on a separate page. Ensure that you give full reasons for each
answer. A mere "Yes" or "No" answer will not earn you any marks. Please answer
ALL the questions.

2.5 Number your answers correctly and write your answers in your own words.
Students will lose marks if their answers indicate copying, plagiarism, or
collaboration with other parties. SCRIPTS MAY ALSO BE INVESTIGATED FOR
POSSIBLE DISCIPLINARY PROCEEDINGS IN THESE CIRCUMSTANCES.

3
 TLI4801/202/2/2024
Your answers must be typed in Arial 12pt with 1.5 line spacing. Your answers must
appear on one side of the page. Leave a space between each answer. Your entire
portfolio assignment must not exceed 25 pages.

2.6 Your answers must contain complete references to sections in legislation, principles,
and relevant case law. Students will be penalised for incomplete or incorrect
references.

2.7 Please ensure that you complete and sign the DECLARATION OF AUTHENTICITY
at the end of this tutorial letter and attach the signed declaration to your examination
answers. You may retype the declaration, or you may attach the signed declaration
to your answers in any other manner. EXAMINATION ANSWERS WITHOUT
SIGNED DECLARATIONS WILL NOT BE MARKED.

2.8 Please ensure that you submit the correct assignment – a wrong assignment will
result in the cancellation of your assignment. If the correct assignment is not
resubmitted before the due date, a zero-mark will be awarded.

3. OCT/NOV 2024 EXAMINATION (NON-VENUE-BASED ASSESSMENT)

QUESTION PAPER

Due date for examination: 22 October 2024 at 23:59 pm

Unique number: 658473

Submission period: 17 October 2024 - 22 October 2024

PORTFOLIO EXAM: OCT/NOV 2024

TECHNIQUES IN TRIAL AND LITIGATION (TLI4801)

INTRODUCTORY REMARKS:

This type of assessment (non-venue- based assessment) represents the final assessment
in this module. THEREFORE, KINDLY DO NOT CONTACT ANY OF THE LECTURERS
FOR GUIDELINES REGARDING THE COMPLETION OF THIS ASSESSMENT AS IT IS
CONSIDERED A FORMAL EXAMINATION, WHICH MUST BE COMPLETED
INDEPENDENTLY.

4
 TLI4801/202/2/2024
FORMAL REQUIREMENTS:

PLEASE COMPLY WITH THE FOLLOWING INSTRUCTIONS WHEN WRITING THE

EXAMINATION (NON-VENUE-BASED ASSESSMENT) AND TAKE NOTE OF THE
FOLLOWING RULES:

(1) THE PAPER CONSISTS OF TWO QUESTIONS, NAMELY QUESTION 1 ON CIVIL

PRACTICE, and QUESTION 2 ON CRIMINAL PRACTICE. BOTH QUESTIONS
ARE COMPULSORY.

(2) THE ANSWERS IN THIS QUESTION PAPER ARE TO BE OBTAINED FROM YOUR
PRESCRIBED STUDY MATERIAL, namely, the prescribed textbook, CG
Marnewick Litigation Skills for South African Lawyers, 4th edition, (2019
LexisNexis), additional resources material and tutorial letter 201. You may
consult other sources provided that they are properly referenced.

(3) YOU ARE REQUIRED TO EXHIBIT YOUR OWN INITIATIVE WHEN ANSWERING
QUESTIONS, IN ORDER TO SHOW THAT YOU UNDERSTAND THE CONTENT.
IN OTHER WORDS, YOU MUST, AS FAR AS POSSIBLE, USE YOUR OWN
WORDS WHEN WRITING YOUR ANSWERS. THE WORD-FOR-WORD
REGURGITATION OF ANSWERS FROM THE STUDY MATERIAL WILL NOT BE
REWARDED WITH FULL MARKS.

(4) THE ANSWERS MUST BE WRITTEN OR TYPED. YOUR COMPLETED ANSWERS

MUST THEN BE CONVERTED INTO PDF FORMAT AND SUBMITTED ONLINE IN
THE SAME MANNER THAT YOU SUBMIT ALL OTHER ASSIGNMENTS ONLINE.

THE QUESTION PAPER:

QUESTION 1: CIVIL PRACTICE [50]

Question 1.1

Ms. Bright Lesedi is a businesswoman from Bela-Bela. She runs a business that
manufactures furniture. On 20 April 2024 she purchased raw material from Olive Woods
Furniture (“Olive Woods”), a furniture material factory in Pretoria, for an amount of
R180 000,00. The material was delivered by Olive Woods and a copy of the invoice was
handed to Ms. Lesedi, who then neglected to pay for the material within the 30-day period
provided for in terms of the invoice. Despite repeated requests by Olive Woods, Ms. Lesedi
did not settle the amount. Olive Woods wants to sue Ms. Lesedi for the outstanding amount.
The owner of Olive Woods approaches you for legal advice regarding the proceedings to be
instituted against Ms. Lesedi.

5
 TLI4801/202/2/2024

Answer the following questions, using proper references. Note: In your answers, you are
required to make up facts/create facts to supplement the given facts of the case as
long as your own rendition does not detract from the core issues.

a) Discuss the type of summons that Olive Woods will use to recover the outstanding
amount (4)

(b) Draft the summons chosen in (a) above. (10)

(c) The owner of Olive Woods requests your advice regarding a suitable ADR (alternative
dispute resolution) mechanism to resolve the dispute with Ms. Lesedi expeditiously.
Advise the owner of Olive Woods appropriately. (10)
(24)

Question 1.2

(a) Discuss what you understand by the term “heads of argument”. (3)

(b) Critically discuss how an attorney or advocate may deal with the issue of submitting
heads of argument late in court. (5)

(c) Mr. Brickor Newmark, a defence attorney, commences his first trial in court A at the
Randburg Magistrates’ Court. During the trial, he continuously uses statements like
“Please bear with me, your worship” and “please overlook my mistakes, I am new at
this!” when addressing the presiding officer. Critically discuss the impact of the above
statements on the defendant’s attorney’s performance and confidence in court. (5)

(d) It has become common practice for attorneys to use emails and text messages to
advise their clients. Discuss the proper use of such emails and text messages by
attorneys in practice. (3)

(e) Critically discuss the role and liability of the Legal Practitioner’s Fidelity Fund in
addressing pecuniary loss suffered by clients because of the actions of their legal
practitioners. You must refer to relevant legislation in your answer. (10)
(26)
[50]

QUESTION 2: CRIMINAL PRACTICE [50]

1. Your client, Skelm Kapi, who is arrested on a charge of theft, advises you that he is not
guilty. The evidence against your client is that he was the only parking attendant at a
designated parking at the Glen shopping Centre in Faerie Glen, Pretoria. On that
particular day, Mr. Deen Honest’s car was broken into and his laptop and personal
items, including his wallet and cell phone, were stolen from his vehicle. The incident
occurred on 15 August 2024, within the jurisdiction of the Regional Division of North
Gauteng.

6
 TLI4801/202/2/2024
Your client denies that he committed the theft or that he acted unlawfully and
intentionally. Therefore, he instructs you, his attorney, to tender a plea of not guilty on
his behalf.

a) Draft your client’s plea of not guilty in terms of the Criminal Procedure Act 51 of 1977
(10)

b) Discuss the implications of not preparing or drafting a not guilty plea/statement in terms
of the Criminal Procedure Act 51 of 1977. (4)

Note: In your answer, you are required to make up facts to supplement the given facts
of the case as long as your own rendition does not detract from the core issues. (14)

2. An attorney, Mr. Integrity, arrives late at court. He rushes into the courtroom. He is
wearing an orange shirt and tie with Disney characters, black pants and sandals. His
general appearance is disheveled. The presiding officer, prosecutor, witnesses and
court officials were kept waiting for 40 minutes for Mr. Integrity to arrive so that the trial
could commence. Mr. Integrity informs the presiding officer that he was unexpectedly
delayed at home by pressing personal commitments. He makes a ribald joke about
“demanding spouses and offspring”. Discuss whether Mr. Integrity’s conduct conforms
to acceptable court etiquette. (10)

3. Critically discuss the use of alternative dispute resolution strategies by prosecutors in

criminal trials. (8)

4. Mr. Jones informs his attorney, Mr. Ever Ready, that he has been admitted to hospital
to undergo a hernia operation. As a result of this, Mr. Jones cannot attend his trial that
is scheduled for later that week. Critically discuss whether Mr. Ready can apply for an
adjournment of his client’s trial. (8)

5. Critically discuss the discretionary role of the court to grant a section 174 discharge.
Motivate your answer by referring to relevant case law. (10)
(36)
[50]

TOTAL: [100]

7
 TLI4801/202/2/2024

4. DECLARATION OF AUTHENTICITY

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

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 work and that where I used
other information and resources, I did so in a responsible manner. I did not
plagiarise 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)

5. CONCLUDING REMARKS

Your results will be released by the Department of Examination Administration (DEA)

during the Oct/Nov 2024 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 K Mashabane
Prof. J Le Roux-Bouwer
Unisa/kr