TEST PREP
SESSION 07 May 2026
By Mpho Raliopane
Get in touch
083 359 9358
RaliopaneMN@[Link]
Use Whatsapp for a quicker response!
You may reach out to me at any time if you need
assistance.
Do not spam text. This includes sending irrelevant
messages in the group chat.
Tutorial Sessions
Tuesdays: 15:10-16:00
FGG 183
Thursdays: 11:10-12:00
WWG 226
Ground Rules
1. Respect everyone present.
2. Use professional etiquette at all times.
3. Keep your phone on silent.
Expectations
1. Preparation before tutorial sessions.
2. Active participation.
Scope
UNIT 1 (leave out Chapters 3 and 4)
UNIT 2
UNIT 3
UNIT 4 (only character evidence, similar fact evidence, opinion
evidence)
Test Rules
Provide proper authority for statements requiring support. (E.g:
case law, legislation, etc.)
When references are made to case to legislation, full Act names,
numbers and years must initially be included. Abbreviations may
be used thereafter.
E.g: “According to section 15(1) of the Electronic Communications
andTransactions Act 25 of 2002, hereafter referred to as ECTA, rules of..”
E.g: “According to section 15(1) of the Electronic Communications and
Transactions Act 25 of 2002 (ECTA), rules of....”
Write in full sentences! Class note style answers will NOT be
awarded marks.
Test Structure
QUESTION 1
Three ‘fill in the missing word’ questions. (1 mark for each)
Only provide ONE word! If you provide two or more words, you will not
receive a mark.
QUESTION 2
Makes up 11 marks.
Longer questions, ranging from 2 marks to 5 marks.
(longest question is 5 marks)
QUESTION 3
Makes up 26 marks.
Longer application type questions.
Fill in the missing word Examples
1. ________ proof means that a fact isestablished beyond dispute by
law, and no rebuttal is possible.
2. The ________ burden is the duty on a litigant to lead evidence to
combat a prima facie case by the opponent.
3. Facta _______ refers to the material facts the state or plaintiff
must prove to establish a case.
4. _________ refers to the extent to which evidence influences fact-
finding.
5. Evidence is ______ if it can make the existence or non-existence of
a fact more probable or less probable.
Question 1
A State witness claims the accused left a threatening voicemail on her
phone the night before the incident. The voicemail was deleted by
accident. However, the witness provides a handwritten transcript of
what the message allegedly said, and the investigating officer testifies
that the witness "seemed credible."
Should the court admit the transcript as electronic evidence? Motivate
your answer by referencing the applicable law. (5 marks)
Question 2
In a robbery trial, the prosecution submits compressed CCTV footage
from a tavern. The original footage was too large, so the owner emailed
a compressed version to the police. The footage shows a person
resembling the accused. There’s no certificate or expert testimony
about how the footage was transferred or altered.
Should this evidence be admitted, and what risks does the court face in
doing so? (6 marks)
Question 3
Jason is charged in the High Court with raping Lecia after a university residence party.
Lecia testifies that she was heavily intoxicated, that she repeatedly told Jason “no”, and
that he forced intercourse on her in his room. The state also leads medical evidence
that semen was found and that Lecia sustained bruising to her inner thighs.
During cross-examination, Jason’s legal representative tells the court that he wishes to
question Lecia about the following:
1. That Lecia had previously had consensual sexual intercourse with two other students in
the same residence during the previous semester.
2. That Lecia had sexual intercourse with her boyfriend the morning after the alleged rape,
which the defence argues may explain the presence of semen and some tenderness.
The prosecutor objects and argues that most of this material is forbidden.
Discuss, with reference to legislation, which of the proposed lines of questioning or
evidence should be excluded and which, if any, may be allowed after an application for
leave. (6 marks)
Question 4
Bongi is on trial for theft.
She calls the reverend of her church to testify that she is a trustworthy
and honest person.
The state now wishes to lead evidence of her dismissal from her
previous church’s stokvel for theft and dishonesty.
Is the state entitled to do so? (4 marks)
Question 5
Sipho is on trial for housebreaking. During cross-examination, the state
seeks to introduce evidence that Sipho has a prior conviction for theft
three years ago. Sipho has not testified and has not led any evidence of
his good character.
Advise whether this evidence of Sipho’s previous conviction is
admissible. (5 marks)
Question 6
Olwethu suffered significant complications following a surgical
procedure and decided to sue the operating doctor for damages.
Olwethu argued that the doctor did not follow universal sterilisation
procedures and acquired the testimony of a professor in surgery to
testify in her case.
During trial, the defendant called two surgeons from hospitals
throughout South Africa to testify that the defendant followed the
appropriate sterilisation procedures and followed it correctly.
As the judge in the matter, how do you deal with circumstances like
this, where two credible expert witnesses provide you with conflicting
expert opinion?
Question 7
When is evidence admissible?
Good luck!