QUESTIONS AND ANSWERS
SELF MCQ QUESTIONS
1. Open justice can be equated with the concept that justice must be “seen to be done”. .( True)
2. Open justice is protected by the right to a fair trial and is an absolute right. ( False)
3. The court cannot exclude any member of the public from the trial of an adult accused. ( False)
4. In cases where a witness for the state is about to abscond, the prosecutor may apply for a
warrant of arrest and have the said witness detained pending the trial. ( True)
5. Co-accused are ordered numerically. ( True)
6. The prosecution decides the numerical order of co-accused at a trial. ( True)
7. The court can of its own accord raise the issue of separation. ( True)
8. The principle of legality is constitutionally entrenched. ( True)
9. The principle of equality of arms is founded on equal opportunities being available to both
the state and the defence to prove their respective cases. ( True)
10. The merits of a case are the cardinal point of the court’s considerations when
determining whether to convict or acquit. ( True)
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,11. Where required, the entire judgment of the court must be translated into a language that
the accused understands. ( True)
12. In cases where the charge pertains to multiple acts or omissions, the court must
deliver judgment separately on each individual charge. . ( False)
13. Some sentences do not constitute punishments. ( True)
14. In Rabie 1975 (4) SA 855 (A) 862G, the court summarised the general principles of sentencing.
( True)
15. Imprisonment, committal to a treatment centre, a fine and correctional supervision are the
only sentences that can be imposed by a court. ( False)
16. Periodical imprisonment is a form of short-term imprisonment and is also informally known
as “weekend imprisonment”. ( True)
17. The Constitution secures a general right of review. ( True)
18. Fairness no longer entails enquiring whether there was a failure of justice, but whether the
trial was fair. ( True)
19. Review is more appropriate than appeal in cases where the accused is dissatisfied with
the procedures during the trial. ( True)
20. There is a general right of appeal in South Africa. ( True)
21. The right of appeal is justifiably limited by section 36 of the Constitution. ( True)
22. A person can appeal against the sentence imposed or the conviction – not both. ( False)
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,23. The Constitution empowers the President to pardon or reprieve offenders in
certain circumstances. ( True)
24. The President is empowered to remit any fine, penalty or forfeiture within the confines of
the Constitution. ( True)
25. The Department of Justice and Constitutional Development has the sole responsibility
to expunge records on application by the accused. ( True)
Side note: questions 1-25 can be found in tutorial letter 101/201 2018 S1 for any references
26. The notion of “open justice” establishes a protective function in respect of the fairtrial rights
of the accused. ( True)
27. Open justice can be limited in cases where the accused is in danger of being exposed as a
state informant. ( True)
28. The accused can testify by way of closed-circuit television in cases where an open trial may
cause him or her emotional or physical harm. ( True)
29. Witnesses are protected in cases of sexual assault and extortion by way of the court’s
discretion to “close the court”. ( True)
30. Irrespective of the charge, if a matter relates to an adult accused and complainant, the
court cannot exclude the public from the trial in the interests of justice. ( False)
31. The court, the prosecutor and the accused all have the power to subpoena witnesses. ( True)
32. The advantage of a joint trial is that it saves the state resources and time. ( True)
33. Joinder is permissive and not imperative. ( True)
34. The decision to separate a trial is at the discretion of the presiding officer. ( True)
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, 35. Cross-examination of a witness by the court is permissible within the bounds of reasonableness.
( False)
36. The principle of equality of arms can be related to the competence of both the prosecutor
and the representative for the defence. ( True)
37. An ex tempore judgment does not infringe on the right of the accused to a speedy trial. ( True)
38. An improper delay in delivering judgment undermines public confidence in the judicial system.
( True)
39. Community service as a condition of a suspended sentence is not considered a punishment.
( False)
40. Most statutory offences are enacted with an attendant penalty clause. ( True)
41. Tradition seems to indicate that the state and the accused must supply the information
required by the court during trial on sentencing. ( True)
42. Compensation and restitution are forms of restorative sentences. ( True)
43. Review is not solely the domain of the CPA. ( True)
44. The Superior Courts Act does not provide for review in criminal proceedings. False 45.
Judicial review has a common-law origin. ( True)
46. Any conviction, sentence or order of a lower court, and even a discharge after conviction,
are subject to leave to appeal. ( True)
47. An appeal on the facts relates to the merits of the matter in the trial court. ( True)
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SELF MCQ QUESTIONS
1. Open justice can be equated with the concept that justice must be “seen to be done”. .( True)
2. Open justice is protected by the right to a fair trial and is an absolute right. ( False)
3. The court cannot exclude any member of the public from the trial of an adult accused. ( False)
4. In cases where a witness for the state is about to abscond, the prosecutor may apply for a
warrant of arrest and have the said witness detained pending the trial. ( True)
5. Co-accused are ordered numerically. ( True)
6. The prosecution decides the numerical order of co-accused at a trial. ( True)
7. The court can of its own accord raise the issue of separation. ( True)
8. The principle of legality is constitutionally entrenched. ( True)
9. The principle of equality of arms is founded on equal opportunities being available to both
the state and the defence to prove their respective cases. ( True)
10. The merits of a case are the cardinal point of the court’s considerations when
determining whether to convict or acquit. ( True)
Page 1 of 83
,11. Where required, the entire judgment of the court must be translated into a language that
the accused understands. ( True)
12. In cases where the charge pertains to multiple acts or omissions, the court must
deliver judgment separately on each individual charge. . ( False)
13. Some sentences do not constitute punishments. ( True)
14. In Rabie 1975 (4) SA 855 (A) 862G, the court summarised the general principles of sentencing.
( True)
15. Imprisonment, committal to a treatment centre, a fine and correctional supervision are the
only sentences that can be imposed by a court. ( False)
16. Periodical imprisonment is a form of short-term imprisonment and is also informally known
as “weekend imprisonment”. ( True)
17. The Constitution secures a general right of review. ( True)
18. Fairness no longer entails enquiring whether there was a failure of justice, but whether the
trial was fair. ( True)
19. Review is more appropriate than appeal in cases where the accused is dissatisfied with
the procedures during the trial. ( True)
20. There is a general right of appeal in South Africa. ( True)
21. The right of appeal is justifiably limited by section 36 of the Constitution. ( True)
22. A person can appeal against the sentence imposed or the conviction – not both. ( False)
Page 2 of 83
,23. The Constitution empowers the President to pardon or reprieve offenders in
certain circumstances. ( True)
24. The President is empowered to remit any fine, penalty or forfeiture within the confines of
the Constitution. ( True)
25. The Department of Justice and Constitutional Development has the sole responsibility
to expunge records on application by the accused. ( True)
Side note: questions 1-25 can be found in tutorial letter 101/201 2018 S1 for any references
26. The notion of “open justice” establishes a protective function in respect of the fairtrial rights
of the accused. ( True)
27. Open justice can be limited in cases where the accused is in danger of being exposed as a
state informant. ( True)
28. The accused can testify by way of closed-circuit television in cases where an open trial may
cause him or her emotional or physical harm. ( True)
29. Witnesses are protected in cases of sexual assault and extortion by way of the court’s
discretion to “close the court”. ( True)
30. Irrespective of the charge, if a matter relates to an adult accused and complainant, the
court cannot exclude the public from the trial in the interests of justice. ( False)
31. The court, the prosecutor and the accused all have the power to subpoena witnesses. ( True)
32. The advantage of a joint trial is that it saves the state resources and time. ( True)
33. Joinder is permissive and not imperative. ( True)
34. The decision to separate a trial is at the discretion of the presiding officer. ( True)
Page 3 of 83
, 35. Cross-examination of a witness by the court is permissible within the bounds of reasonableness.
( False)
36. The principle of equality of arms can be related to the competence of both the prosecutor
and the representative for the defence. ( True)
37. An ex tempore judgment does not infringe on the right of the accused to a speedy trial. ( True)
38. An improper delay in delivering judgment undermines public confidence in the judicial system.
( True)
39. Community service as a condition of a suspended sentence is not considered a punishment.
( False)
40. Most statutory offences are enacted with an attendant penalty clause. ( True)
41. Tradition seems to indicate that the state and the accused must supply the information
required by the court during trial on sentencing. ( True)
42. Compensation and restitution are forms of restorative sentences. ( True)
43. Review is not solely the domain of the CPA. ( True)
44. The Superior Courts Act does not provide for review in criminal proceedings. False 45.
Judicial review has a common-law origin. ( True)
46. Any conviction, sentence or order of a lower court, and even a discharge after conviction,
are subject to leave to appeal. ( True)
47. An appeal on the facts relates to the merits of the matter in the trial court. ( True)
Page 4 of 83
