LEV3701
Assignment 2 Semester 1 2026
Unique number:
Due Date: 9 April 2026
QUESTION 1
Section 227(2) of the Criminal Procedure Act 51 of 1977 clearly prohibits evidence relating
to the complainant’s sexual history, unless the court grants leave on the basis that such
evidence is relevant to the issues before the court.1 In this matter, the questions relate to the
complainant’s sexual activities with other men and have no direct connection to the alleged
rape by the accused. They are therefore irrelevant and inadmissible.
The court in S v M 2003 (1) SA 341 (SCA) set out key factors to guide a section 227(2)
enquiry.1 These include:
i. the interests of justice, including the accused’s right to present a full defence
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Fully accept the consequences
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Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 2 Semester 1 2026
Unique number:
Due Date: 9 April 2026
QUESTION 1
Section 227(2) of the Criminal Procedure Act 51 of 1977 clearly prohibits evidence relating
to the complainant’s sexual history, unless the court grants leave on the basis that such
evidence is relevant to the issues before the court.1 In this matter, the questions relate to the
complainant’s sexual activities with other men and have no direct connection to the alleged
rape by the accused. They are therefore irrelevant and inadmissible.
The court in S v M 2003 (1) SA 341 (SCA) set out key factors to guide a section 227(2)
enquiry.1 These include:
i. the interests of justice, including the accused’s right to present a full defence
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
