Theme 7

Question 1

What does Section 35 of the Constitution of South Africa protect?

Answer 1

Section 35 protects the rights of arrested, detained, and accused persons, including the right to remain silent, legal representation, and a fair trial​

Question 2

What is the purpose of Section 36 of the Constitution?

Answer 2

Section 36 is the limitation clause, which allows rights in the Bill of Rights to be limited only in terms of a law of general application, provided it is reasonable and justifiable in an open and democratic society

Question 3

What is hearsay evidence, and when can it be admitted in court?

Answer 3

Hearsay is evidence presented by a person who did not witness the event directly. It is generally inadmissible but can be allowed under Section 3 of the Law of Evidence Amendment Act 45 of 1998 if: All parties agree to it,
The court deems it in the interest of justice, or
It falls under an exception, such as dying declarations or res gestae​

Question 4

What was the ruling in Kapa v The State 2023 ZACC 1 regarding hearsay?

Answer 4

The High Court used its judicial discretion to accept hearsay evidence because it was in the interest of justice​

Question 5

What was the key ruling in Shabalala & Others v Attorney-General, Transvaal (1996)?

Answer 5

The Constitutional Court ruled that an accused has the right to access witness statements in the police docket, except where there is a compelling reason to withhold them, such as witness safety

Question 6

What laws govern asset forfeiture in criminal cases?

Answer 6

Sections 34 and 35 of the CPA allow for the preservation, restraint, and forfeiture of assets linked to criminal activity​

Question 7

What is the difference between restraint and confiscation orders?

Answer 7

Restraint Order: Prevents disposal of assets before conviction.
Confiscation Order: Permanently seizes assets after conviction​

Question 8

Section 35 of the Constitution only applies to convicted individuals.

Answer 8

False. Section 35 applies to arrested, detained, and accused persons, not just convicted individuals​

Question 9

Hearsay evidence is always inadmissible in South African courts.

Answer 9

False. It can be admitted under Section 3 of the Law of Evidence Amendment Act 45 of 1998 if it serves the interest of justice​

Question 10

In Shabalala v Attorney-General, Transvaal (1996), the Constitutional Court ruled that an accused has no right to access the police docket.

Answer 10

False. The court ruled that an accused does have the right to access the docket, except in cases of state interest or witness safety​

Question 11

A confiscation order can be issued before conviction.

Answer 11

False. A restraint order can be issued before conviction, but confiscation requires conviction​

Question 12

Section _____ of the Constitution protects the rights of arrested, detained, and accused persons.

Answer 12

35

Question 13

Section 36 of the Constitution is known as the __________ clause.

Answer 13

Limitation

Question 14

The case of __________ established that an accused has the right to access the police docket.

Answer 14

Shabalala & Others v Attorney-General, Transvaal (1996)​

Question 15

A __________ order is issued to prevent disposal of assets before conviction.

Answer 15

Restraint​

Question 16

Hearsay evidence can be admitted under the Law of Evidence Amendment Act if the court deems it __________.

Answer 16

In the interest of justice​

Question 17

Which section of the Constitution deals with the rights of accused persons?
A) Section 27
B) Section 35
C) Section 12
D) Section 51

Answer 17

Section 35​

Question 18

Under what conditions can hearsay evidence be admitted in court?
A) Only if the prosecution agrees
B) If the court deems it in the interest of justice
C) If the accused has a prior conviction
D) Never

Answer 18

B) If the court deems it in the interest of justice​

Question 19

In which case did the Constitutional Court rule on an accused’s right to access the police docket?
A) S v Makwanyane (1995)
B) Shabalala v Attorney-General, Transvaal (1996)
C) S v Zuma (1995)
D) Mthembu v S (2011)

Answer 19

B) Shabalala v Attorney-General, Transvaal (1996)​

Question 20

What is the primary purpose of a confiscation order?
A) To freeze bank accounts of witnesses
B) To permanently seize criminal assets after conviction
C) To protect accused persons’ rights
D) To release assets back to the accused

Answer 20

B) To permanently seize criminal assets after conviction​

Question 21

Which sections of the CPA deal with preservation and forfeiture orders?
A) Sections 3 & 4
B) Sections 50 & 51
C) Sections 34 & 35
D) Sections 100 & 101

Answer 21

C) Sections 34 & 35