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LEV3701: LAW OF EVIDENCE
Comprehensive Exam Revision Guide
May/June Examination 2026
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
UNISA – College of Law
Exam Revision Guide
LEV3701
Module Code:
Law of Evidence
Module Name:
May/June 2023 - 2025
Papers Covered:
2026
Revision Year:
100 Marks (each paper)
Total Marks:
Study every question and understand the reasoning, not just the answer. The law of
evidence rewards precision and legal analysis.
Exam Revision Notes | LEV3701 | UNISA 2026
,LEV3701 | Exam Revision Law of Evidence – May/June 2026
PART A: MAY/JUNE 2024 EXAMINATION
Multiple Choice and Scenario-Based Questions – 100 Marks
Page 2 of 40
,LEV3701 | Exam Revision Law of Evidence – May/June 2026
Question 1 [1 mark]
Question: Mrs Philanderer has grown tired of her husband’s suspected marital infideli-
ties. She engages the services of a private detective who takes long-range photographs with
his camera of Mr Philanderer engaged in improper extra-marital activities. Mrs Philan-
derer intends using these photographs in court. Consider the following statements and
choose the correct option.
Answer: Correct answer: The photographs will be documentary evidence.
Key Concept
Documentary Evidence is any evidence presented in written or printed form,
including photographs, maps, plans, and electronic records. A photograph is a
classic example of a document for evidentiary purposes because it records informa-
tion that is presented to the court for inspection.
• Photographs are classified as documentary evidence in South African law. They
record visual information and are tendered to prove what they depict.
• They are not real evidence in the strict sense (which refers to physical objects
placed before the court, such as a weapon or blood sample), although some overlap
exists.
• The photographs here were taken by a private detective; their admissibility may
still be challenged on privacy grounds under s 14 of the Constitution, but their
classification remains documentary.
• Under s 33 of the Civil Proceedings Evidence Act 25 of 1965, photographs are ad-
missible if authenticated.
Exam Tip
Always distinguish between real evidence (physical objects), documentary ev-
idence (documents, photographs, electronic records), and testimonial evidence
(oral testimony). Photographs straddle the boundary but are consistently treated
as documentary in SA courts.
Page 3 of 40
, LEV3701 | Exam Revision Law of Evidence – May/June 2026
Question 2 [1 mark]
Question: Consider the following statements about the admissibility of admissions and
confessions and choose the correct option: “A confession made to a messenger of the
court must be confirmed and reduced to writing in the presence of a magistrate or peace
officer to be admissible.”
Answer: Correct answer: This statement is CORRECT.
Key Concept
Confessions are governed by s 217 of the Criminal Procedure Act 51 of 1977
(CPA). A confession must be made freely and voluntarily, by a person in their
sound and sober senses, without undue influence. If made to a peace officer who
is not a justice of the peace or magistrate, it must be confirmed and reduced to
writing in the presence of a magistrate or justice of the peace.
Requirements for a confession under s 217(1) CPA:
1. Made freely and voluntarily.
2. Made by a person in their sound and sober senses.
3. Made without being unduly influenced.
4. If made to a peace officer (who is not a magistrate or justice of the peace), it must
be confirmed and reduced to writing before a magistrate or justice of the peace.
Example
In S v Khan, the court affirmed that the s 217 requirements exist to ensure fair-
ness, protect the privilege against self-incrimination, and prevent police miscon-
duct towards persons in custody.
Watch Out
A messenger of the court is not a magistrate. A confession made to a mes-
senger must therefore be confirmed and reduced to writing before a magistrate
or justice of the peace to be admissible – this is the statutory requirement the
question is testing.
Page 4 of 40
]]
LEV3701: LAW OF EVIDENCE
Comprehensive Exam Revision Guide
May/June Examination 2026
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
UNISA – College of Law
Exam Revision Guide
LEV3701
Module Code:
Law of Evidence
Module Name:
May/June 2023 - 2025
Papers Covered:
2026
Revision Year:
100 Marks (each paper)
Total Marks:
Study every question and understand the reasoning, not just the answer. The law of
evidence rewards precision and legal analysis.
Exam Revision Notes | LEV3701 | UNISA 2026
,LEV3701 | Exam Revision Law of Evidence – May/June 2026
PART A: MAY/JUNE 2024 EXAMINATION
Multiple Choice and Scenario-Based Questions – 100 Marks
Page 2 of 40
,LEV3701 | Exam Revision Law of Evidence – May/June 2026
Question 1 [1 mark]
Question: Mrs Philanderer has grown tired of her husband’s suspected marital infideli-
ties. She engages the services of a private detective who takes long-range photographs with
his camera of Mr Philanderer engaged in improper extra-marital activities. Mrs Philan-
derer intends using these photographs in court. Consider the following statements and
choose the correct option.
Answer: Correct answer: The photographs will be documentary evidence.
Key Concept
Documentary Evidence is any evidence presented in written or printed form,
including photographs, maps, plans, and electronic records. A photograph is a
classic example of a document for evidentiary purposes because it records informa-
tion that is presented to the court for inspection.
• Photographs are classified as documentary evidence in South African law. They
record visual information and are tendered to prove what they depict.
• They are not real evidence in the strict sense (which refers to physical objects
placed before the court, such as a weapon or blood sample), although some overlap
exists.
• The photographs here were taken by a private detective; their admissibility may
still be challenged on privacy grounds under s 14 of the Constitution, but their
classification remains documentary.
• Under s 33 of the Civil Proceedings Evidence Act 25 of 1965, photographs are ad-
missible if authenticated.
Exam Tip
Always distinguish between real evidence (physical objects), documentary ev-
idence (documents, photographs, electronic records), and testimonial evidence
(oral testimony). Photographs straddle the boundary but are consistently treated
as documentary in SA courts.
Page 3 of 40
, LEV3701 | Exam Revision Law of Evidence – May/June 2026
Question 2 [1 mark]
Question: Consider the following statements about the admissibility of admissions and
confessions and choose the correct option: “A confession made to a messenger of the
court must be confirmed and reduced to writing in the presence of a magistrate or peace
officer to be admissible.”
Answer: Correct answer: This statement is CORRECT.
Key Concept
Confessions are governed by s 217 of the Criminal Procedure Act 51 of 1977
(CPA). A confession must be made freely and voluntarily, by a person in their
sound and sober senses, without undue influence. If made to a peace officer who
is not a justice of the peace or magistrate, it must be confirmed and reduced to
writing in the presence of a magistrate or justice of the peace.
Requirements for a confession under s 217(1) CPA:
1. Made freely and voluntarily.
2. Made by a person in their sound and sober senses.
3. Made without being unduly influenced.
4. If made to a peace officer (who is not a magistrate or justice of the peace), it must
be confirmed and reduced to writing before a magistrate or justice of the peace.
Example
In S v Khan, the court affirmed that the s 217 requirements exist to ensure fair-
ness, protect the privilege against self-incrimination, and prevent police miscon-
duct towards persons in custody.
Watch Out
A messenger of the court is not a magistrate. A confession made to a mes-
senger must therefore be confirmed and reduced to writing before a magistrate
or justice of the peace to be admissible – this is the statutory requirement the
question is testing.
Page 4 of 40
