LEV3701 ASSIGNMENT_1_LEV3701_2021

NAME: CONSTANCE RIRHANDZU MAMETJA LEV3701: ASSIGNMENT 01 UNIQUE NUMBER: STUDENT NUMBER: 1. The privilege against self-incrimination is manifested in various rights which are contained in the Bill of Rights, including the rights of an arrested person to remain silent (s35 (1) (a)), or not to be compelled to make any confession or admission that could be used in evidence against that person (section 35(1) (c)), and the right of an accused person to be presumed innocent, and not to testify at trial (section 35(3) (h)). The court in stated that not only did the record of the bail proceedings from part of the subsequent trial record, but any evidence which the accused elected to give at the bail hearing was admissible against him or her at the trial, provided that the court which heard the bail application had warned the accused of the risk of making such statements. The court accepted that the testimony at the purposes of the trial. That it may be a hard choice does not affect the question, as the choice remained that of the accused, and that it was made with a proper appreciation of what it entailed. A uniformed choice is no choice. 2. At common law all communications between a legal advisor and his client are protected from disclosure by this privilege, subject to certain requirements. The privilege applies to both criminal and civil matters. The privilege belongs to the client and involves 2 things: The can refuse to answer any question which require him to disclose any of the information he has shared with his legal advisor and The client can prevent the legal advisor from disclosing any such information.