CRW2602 EXAM PACK

CRW2602: OCT/NOV 2018 EXAM QUESTION 1 (a) Name the three general speed limits and the roads to which they apply in terms of section 59(1) of the National Road Traffic Act 93 of 1996. (6) The three general speed limits and the roads to which they apply in terms of section 59(1) of the National Road Traffic Act 93 of 1996 are: 60km – A public road within an urban area. 100km – A public road outside an urban area. 120km – a freeway. (b) Read the following scenario and answer the questions below: Pot People for Peace, a group of cannabis smokers, is very upset that the movement towards the decriminalisation of the possession of cannabis is taking too long. They decide to march to the office of the Minister of Justice and Constitutional Development to hand over a petition from cannabis smokers all over South Africa complaining about this lack of transformation and the manner in which smokers have been treated since the Western Cape High Court ruling that any law disallowing the use and cultivation of cannabis by an adult in a private dwelling was unconstitutional and therefore invalid. They do not have permission to march, but decide to continue nevertheless. The police request them to disperse in a peaceful manner but they refuse. Some of the protesters throw stones at the police and some try to enter the office of the Minister by breaking down the door. The police throw teargas at them and the protestors run away. The police succeed in arresting five of the protesters. (i) Can these five people be convicted of any crime? Discuss. (8) The five protesters can be found guilty of public violence. Public violence is the unlawful and intentional performance of an act or acts by a number of persons which assumes serious proportions and is intended to disturb the public peace and order by violent means, or to infringe the rights of another. The public peace and order is disturbed by means of joint resistance to police action by a group of persons who are acting unlawfully and intentionally with common purpose. The act is accompanied by violence (throwing of stones and breaking down the door). Students also received bonus marks for mentioning that the placing of stones in itself is not public violence (Mei case), or the Salie- or Cele cases. The protesters are also guilty of the crime of malicious injury to property. The property must be corporeal and either movable or immovable. They have unlawfully and intentionally damaged property belonging to other persons by breaking down the door. (ii) When the police search the property of the five arrested Pot People for Peace protesters, they find 100kg of an extremely high quality cannabis and 10kg of cocaine in their garages. The police also find a field full of cannabis ready for harvesting in a nearby uninhabited wood. One of the protestors claim that they only grew cannabis for private use and sold the cocaine to solve their financial troubles. Can these five people be convicted of any crime in these circumstances? (5) The five protesters may be charged under the Drugs and Drug Trafficking Act 140 of 1992 with the use or possession of drugs. It is an offence for any person unlawfully and intentionally to use or have in their possession any dependence-producing substance or any dangerous dependenceproducing substance or any undesirable dependence-producing substance (section 4 of the Act). As decided in the case of Prince v Minister of Justice and Constitutional Development and Others, and subsequent Constitutional Court case, the use of cannabis by an adult in a private dwelling where the possession, purchase or cultivation of cannabis is for personal consumption by an adult is not unlawful. However, in the scenario provided, 100kg of cannabis is too much for private use. The field of cannabis in a nearby uninhabited wood is clearly also not considered a private dwelling in terms of the Act. They may also be found guilty of dealing in drugs, as they sold cocaine. (c) Discuss ONE of the following cases: (i) Nkosi 2012 (1) SACR 87 (GNP