LCR4803
Assignment 1 Semester 1 2026
Unique number:
Due Date: 3 April 2026
QUESTION 1
Section 205 of the Criminal Procedure Act 51 of 1977 (CPA) empowers a judicial officer,
upon request by a Director of Public Prosecutions (DPP) or an authorised prosecutor, to
compel any person likely to provide material or relevant information regarding an alleged
offence to appear for examination.1 The provision is investigative in nature and is frequently
invoked where the State lacks sufficient evidence to identify perpetrators or substantiate
allegations.
In the present scenario, a journalist receives leaked documents exposing alleged police
corruption. During criminal proceedings, the court issues a s 205 subpoena compelling
disclosure of the whistleblower’s identity. The journalist resists on grounds of confidentiality.
The central issue is whether the journalist is legally obliged to comply and whether
professional ethical codes offer a defence.
Scope and Operation of Section 205 CPA
Section 205(1) authorises a judge or magistrate, upon request by the DPP, to require the
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
Section 205 of the Criminal Procedure Act 51 of 1977 (CPA) empowers a judicial
officer, upon request by a Director of Public Prosecutions (DPP) or an authorised
prosecutor, to compel any person likely to provide material or relevant information
regarding an alleged offence to appear for examination.1 The provision is
investigative in nature and is frequently invoked where the State lacks sufficient
evidence to identify perpetrators or substantiate allegations.
In the present scenario, a journalist receives leaked documents exposing alleged
police corruption. During criminal proceedings, the court issues a s 205 subpoena
compelling disclosure of the whistleblower’s identity. The journalist resists on
grounds of confidentiality. The central issue is whether the journalist is legally
obliged to comply and whether professional ethical codes offer a defence.
Scope and Operation of Section 205 CPA
Section 205(1) authorises a judge or magistrate, upon request by the DPP, to require
the attendance of any person “likely to give material or relevant information”
concerning an alleged offence.2 The provision applies even where the identity of the
perpetrator is unknown.
The subpoena compels attendance and testimony. Failure to comply may result in
arrest and punishment.3 The hearing is typically conducted in camera, and while the
Act is silent on legal representation, the courts have recognised a right to legal
representation in such proceedings.4
Section 205 must be read with section 15 of the Regulation of Interception of
Communications and Provision of Communication-related Information Act 70 of 2002
(RICA), which confirms that other statutory mechanisms such as s 205 remain
available but may not be used on an ongoing interception basis.5
1
Criminal Procedure Act 51 of 1977 s 205.
2
ibid s 205(1).
3
ibid s 205(2).
4
Smit v Van Niekerk 1976 (4) SA 304 (E); S v Heyman 1966 (4) SA 598 (A).
5
Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of
2002 s 15.
Assignment 1 Semester 1 2026
Unique number:
Due Date: 3 April 2026
QUESTION 1
Section 205 of the Criminal Procedure Act 51 of 1977 (CPA) empowers a judicial officer,
upon request by a Director of Public Prosecutions (DPP) or an authorised prosecutor, to
compel any person likely to provide material or relevant information regarding an alleged
offence to appear for examination.1 The provision is investigative in nature and is frequently
invoked where the State lacks sufficient evidence to identify perpetrators or substantiate
allegations.
In the present scenario, a journalist receives leaked documents exposing alleged police
corruption. During criminal proceedings, the court issues a s 205 subpoena compelling
disclosure of the whistleblower’s identity. The journalist resists on grounds of confidentiality.
The central issue is whether the journalist is legally obliged to comply and whether
professional ethical codes offer a defence.
Scope and Operation of Section 205 CPA
Section 205(1) authorises a judge or magistrate, upon request by the DPP, to require the
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
Section 205 of the Criminal Procedure Act 51 of 1977 (CPA) empowers a judicial
officer, upon request by a Director of Public Prosecutions (DPP) or an authorised
prosecutor, to compel any person likely to provide material or relevant information
regarding an alleged offence to appear for examination.1 The provision is
investigative in nature and is frequently invoked where the State lacks sufficient
evidence to identify perpetrators or substantiate allegations.
In the present scenario, a journalist receives leaked documents exposing alleged
police corruption. During criminal proceedings, the court issues a s 205 subpoena
compelling disclosure of the whistleblower’s identity. The journalist resists on
grounds of confidentiality. The central issue is whether the journalist is legally
obliged to comply and whether professional ethical codes offer a defence.
Scope and Operation of Section 205 CPA
Section 205(1) authorises a judge or magistrate, upon request by the DPP, to require
the attendance of any person “likely to give material or relevant information”
concerning an alleged offence.2 The provision applies even where the identity of the
perpetrator is unknown.
The subpoena compels attendance and testimony. Failure to comply may result in
arrest and punishment.3 The hearing is typically conducted in camera, and while the
Act is silent on legal representation, the courts have recognised a right to legal
representation in such proceedings.4
Section 205 must be read with section 15 of the Regulation of Interception of
Communications and Provision of Communication-related Information Act 70 of 2002
(RICA), which confirms that other statutory mechanisms such as s 205 remain
available but may not be used on an ongoing interception basis.5
1
Criminal Procedure Act 51 of 1977 s 205.
2
ibid s 205(1).
3
ibid s 205(2).
4
Smit v Van Niekerk 1976 (4) SA 304 (E); S v Heyman 1966 (4) SA 598 (A).
5
Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of
2002 s 15.
