CRW2602 (CRIMINAL LAW CASEBOOK OVERVIEW)FINAL EXAM-ACTUAL
EXAM-LATEST UPDATE 2025| COMPLETE QUESTIONS WITH CORRECT
DETAILED AND VERIFIED ANSWERS-MOSTLY TESTED QUESTIONS | RATED
100% CORRECT!!GUARANTEED PASS!!ALREADY GRADED A+
What is the constitutional issue at the heart of S v Masiya? - (answers)The constitutional validity
of the common law definition of rape, particularly its exclusion of anal penetration and gender
specificity.
What were the two bases for the S v Masiya case? - (answers)First, confirmation proceedings in
terms of section 172(2)(a) of the Constitution; second, an application for leave to appeal against
the Pretoria High Court's judgment.
What was the outcome of the Pretoria High Court's judgment in S v Masiya? - (answers)The
common law definition of rape was declared unconstitutional and extended to include non-
consensual sexual penetration of the male penis into the vagina or anus of another person.
Who were the parties involved in the S v Masiya case? - (answers)Fanuel Sitakeni Masiya
(Applicant), Director of Public Prosecutions (First Respondent), Minister of Justice and
Constitutional Development (Second Respondent), Centre for Applied Legal Studies (First
Amicus Curiae), Tshwaranang Legal Advocacy Centre (Second Amicus Curiae).
When was the S v Masiya case heard and decided? - (answers)Heard on 9 November 2006 and
decided on 10 May 2007.
What does the case S v A (1993) address in the context of criminal law? - (answers)The specific
details are not provided in the notes, but it is listed as a significant case in the Criminal Law
Casebook.
What is the significance of the case S v Sibiya (1955)? - (answers)It is included in the list of
important cases in the Criminal Law Casebook, indicating its relevance to South African
criminal law.
,What does the case S v Nkosi (2012) contribute to criminal law? - (answers)The specific
contributions are not detailed in the notes, but it is noted as an important case in the context of
criminal law.
What is the focus of the case S v Ndebele and Others (2012)? - (answers)The specific focus is
not detailed in the notes, but it is recognized as a significant case in South African criminal law.
What does the case Ex parte Minister of Justice: in re R v Gesa; R v De Jongh (1959) involve? -
(answers)The specific details are not provided, but it is listed among significant cases in the
Criminal Law Casebook.
What is the relevance of S v Mshumpa (2008) in criminal law? - (answers)The specific relevance
is not detailed in the notes, but it is included in the list of important cases.
What does S v Gardener and Another (2011) address in the context of criminal law? -
(answers)The specific details are not provided, but it is noted as a significant case in the Criminal
Law Casebook.
What does Section 172(2)(a) of the Constitution provide regarding the Supreme Court of Appeal
and constitutional validity? - (answers)It allows the Supreme Court of Appeal, a High Court, or a
court of similar status to make an order concerning the constitutional validity of an Act of
Parliament, but such an order has no force unless confirmed by the Constitutional Court.
What is the role of the Constitutional Court according to Section 167(5) of the Constitution? -
(answers)The Constitutional Court makes the final decision on the constitutionality of an Act of
Parliament, a provincial Act, or conduct of the President, and must confirm any order of
invalidity made by lower courts before it has any force.
Who can appeal or apply directly to the Constitutional Court under Section 172(2)(d)? -
(answers)Any person with a sufficient interest may appeal or apply to the Constitutional Court to
confirm or vary an order of constitutional invalidity.
,What was the outcome regarding gender-specific provisions in the case of S v Masiya? -
(answers)Provisions declared invalid due to being gender-specific must be read in to include
'person' wherever a specific gender is referenced.
What was determined about the proceedings in the Court a quo in S v Masiya? - (answers)The
proceedings were determined to be in accordance with justice as per Section 52 of Act 105/1997.
What was the status of Mr. Masiya's sentencing in the case? - (answers)Sentencing was
postponed until the Constitutional Court made a determination on the order of constitutional
invalidity.
What charge was Mr. Masiya initially brought before the District Court? - (answers)He was
charged with rape for allegedly having sexual intercourse with a nine-year-old girl without her
consent.
What was the outcome of Mr. Masiya's trial regarding the charge of rape? - (answers)The
Regional Court considered whether the common law needed to be developed and ultimately
ruled on the constitutionality of the common law definitions of crime.
What did the Regional Court conclude about the common law definition of rape? - (answers)It
concluded that non-consensual anal penetration amounts only to the lesser crime of indecent
assault, not rape, which is defined as non-consensual vaginal sexual intercourse.
What legal principle did the Regional Court assert regarding its jurisdiction? - (answers)The
court asserted it has jurisdiction to judge the constitutionality of a legal principle under common
law and to develop it to conform with constitutional values.
What was the nature of the evidence presented against Mr. Masiya? - (answers)The evidence
established that the complainant was penetrated anally.
What was Mr. Masiya's plea during the trial? - (answers)He pleaded not guilty and chose to
remain silent without advancing a statement.
, What was the defense's position regarding Mr. Masiya's potential conviction? - (answers)The
defense contended that if he were found guilty, he should be convicted of indecent assault
instead of rape.
What does Act 105 of 1997 relate to in the context of this case? - (answers)It relates to
provisions concerning the constitutional validity of laws and procedures regarding bail.
What is the significance of the case S v Masiya in South African law? - (answers)It highlights
issues of constitutional validity, gender-specific provisions, and the development of common law
in accordance with constitutional values.
What does the term 'reading in' refer to in the context of gender-specific provisions? - (answers)It
refers to the judicial practice of interpreting legislation to include broader terms, such as 'person',
to avoid gender discrimination.
What is the implication of a court declaring provisions invalid? - (answers)Such provisions are
inconsistent with the Constitution and cannot be enforced unless corrected.
What was the date of the unreported case S v Masiya? - (answers)The case was unreported as of
July 11, 2005.
What is the role of the High Court in relation to constitutional matters? - (answers)The High
Court can make orders regarding the constitutional validity of laws, subject to confirmation by
the Constitutional Court.
What does the term 'competent verdict' mean in the context of criminal trials? - (answers)It refers
to a verdict that is legally permissible based on the evidence presented, such as convicting
someone of a lesser charge.
What is the significance of the term 'non-consensual' in legal definitions of sexual crimes? -
(answers)It indicates that the act was performed without the consent of the other party, which is a
critical element in defining crimes like rape and indecent assault.
EXAM-LATEST UPDATE 2025| COMPLETE QUESTIONS WITH CORRECT
DETAILED AND VERIFIED ANSWERS-MOSTLY TESTED QUESTIONS | RATED
100% CORRECT!!GUARANTEED PASS!!ALREADY GRADED A+
What is the constitutional issue at the heart of S v Masiya? - (answers)The constitutional validity
of the common law definition of rape, particularly its exclusion of anal penetration and gender
specificity.
What were the two bases for the S v Masiya case? - (answers)First, confirmation proceedings in
terms of section 172(2)(a) of the Constitution; second, an application for leave to appeal against
the Pretoria High Court's judgment.
What was the outcome of the Pretoria High Court's judgment in S v Masiya? - (answers)The
common law definition of rape was declared unconstitutional and extended to include non-
consensual sexual penetration of the male penis into the vagina or anus of another person.
Who were the parties involved in the S v Masiya case? - (answers)Fanuel Sitakeni Masiya
(Applicant), Director of Public Prosecutions (First Respondent), Minister of Justice and
Constitutional Development (Second Respondent), Centre for Applied Legal Studies (First
Amicus Curiae), Tshwaranang Legal Advocacy Centre (Second Amicus Curiae).
When was the S v Masiya case heard and decided? - (answers)Heard on 9 November 2006 and
decided on 10 May 2007.
What does the case S v A (1993) address in the context of criminal law? - (answers)The specific
details are not provided in the notes, but it is listed as a significant case in the Criminal Law
Casebook.
What is the significance of the case S v Sibiya (1955)? - (answers)It is included in the list of
important cases in the Criminal Law Casebook, indicating its relevance to South African
criminal law.
,What does the case S v Nkosi (2012) contribute to criminal law? - (answers)The specific
contributions are not detailed in the notes, but it is noted as an important case in the context of
criminal law.
What is the focus of the case S v Ndebele and Others (2012)? - (answers)The specific focus is
not detailed in the notes, but it is recognized as a significant case in South African criminal law.
What does the case Ex parte Minister of Justice: in re R v Gesa; R v De Jongh (1959) involve? -
(answers)The specific details are not provided, but it is listed among significant cases in the
Criminal Law Casebook.
What is the relevance of S v Mshumpa (2008) in criminal law? - (answers)The specific relevance
is not detailed in the notes, but it is included in the list of important cases.
What does S v Gardener and Another (2011) address in the context of criminal law? -
(answers)The specific details are not provided, but it is noted as a significant case in the Criminal
Law Casebook.
What does Section 172(2)(a) of the Constitution provide regarding the Supreme Court of Appeal
and constitutional validity? - (answers)It allows the Supreme Court of Appeal, a High Court, or a
court of similar status to make an order concerning the constitutional validity of an Act of
Parliament, but such an order has no force unless confirmed by the Constitutional Court.
What is the role of the Constitutional Court according to Section 167(5) of the Constitution? -
(answers)The Constitutional Court makes the final decision on the constitutionality of an Act of
Parliament, a provincial Act, or conduct of the President, and must confirm any order of
invalidity made by lower courts before it has any force.
Who can appeal or apply directly to the Constitutional Court under Section 172(2)(d)? -
(answers)Any person with a sufficient interest may appeal or apply to the Constitutional Court to
confirm or vary an order of constitutional invalidity.
,What was the outcome regarding gender-specific provisions in the case of S v Masiya? -
(answers)Provisions declared invalid due to being gender-specific must be read in to include
'person' wherever a specific gender is referenced.
What was determined about the proceedings in the Court a quo in S v Masiya? - (answers)The
proceedings were determined to be in accordance with justice as per Section 52 of Act 105/1997.
What was the status of Mr. Masiya's sentencing in the case? - (answers)Sentencing was
postponed until the Constitutional Court made a determination on the order of constitutional
invalidity.
What charge was Mr. Masiya initially brought before the District Court? - (answers)He was
charged with rape for allegedly having sexual intercourse with a nine-year-old girl without her
consent.
What was the outcome of Mr. Masiya's trial regarding the charge of rape? - (answers)The
Regional Court considered whether the common law needed to be developed and ultimately
ruled on the constitutionality of the common law definitions of crime.
What did the Regional Court conclude about the common law definition of rape? - (answers)It
concluded that non-consensual anal penetration amounts only to the lesser crime of indecent
assault, not rape, which is defined as non-consensual vaginal sexual intercourse.
What legal principle did the Regional Court assert regarding its jurisdiction? - (answers)The
court asserted it has jurisdiction to judge the constitutionality of a legal principle under common
law and to develop it to conform with constitutional values.
What was the nature of the evidence presented against Mr. Masiya? - (answers)The evidence
established that the complainant was penetrated anally.
What was Mr. Masiya's plea during the trial? - (answers)He pleaded not guilty and chose to
remain silent without advancing a statement.
, What was the defense's position regarding Mr. Masiya's potential conviction? - (answers)The
defense contended that if he were found guilty, he should be convicted of indecent assault
instead of rape.
What does Act 105 of 1997 relate to in the context of this case? - (answers)It relates to
provisions concerning the constitutional validity of laws and procedures regarding bail.
What is the significance of the case S v Masiya in South African law? - (answers)It highlights
issues of constitutional validity, gender-specific provisions, and the development of common law
in accordance with constitutional values.
What does the term 'reading in' refer to in the context of gender-specific provisions? - (answers)It
refers to the judicial practice of interpreting legislation to include broader terms, such as 'person',
to avoid gender discrimination.
What is the implication of a court declaring provisions invalid? - (answers)Such provisions are
inconsistent with the Constitution and cannot be enforced unless corrected.
What was the date of the unreported case S v Masiya? - (answers)The case was unreported as of
July 11, 2005.
What is the role of the High Court in relation to constitutional matters? - (answers)The High
Court can make orders regarding the constitutional validity of laws, subject to confirmation by
the Constitutional Court.
What does the term 'competent verdict' mean in the context of criminal trials? - (answers)It refers
to a verdict that is legally permissible based on the evidence presented, such as convicting
someone of a lesser charge.
What is the significance of the term 'non-consensual' in legal definitions of sexual crimes? -
(answers)It indicates that the act was performed without the consent of the other party, which is a
critical element in defining crimes like rape and indecent assault.
