TLI4801 ASSIGNMENT 2 SEMESTER 1 2025

Description

Discuss the different methods of negotiation which are mentioned in your prescribed textbook, CG Marnewick Litigation Skills for South African Lawyers, 3rd edition, (2012 LexisNexis). NB: Your discussion should exclude a tabulation of the advantages and disadvantages of each strategy, as explained in tutorial letter 201. These aspects may, however, be mentioned in passing wherever they are relevant to argue the strategy chosen. Your name is Clever Attorney. You are approached and briefed by the client, Violent Mashaya, to defend him on against the charges preferred by the State, represented by Cruel Prosecutor. Answer the following questions using proper references. Your entire assignment answer (questions 1 (a)-(d)) must be typed and must not exceed 15 pages. You are an attorney appearing for John Sibeko who is charged in the Pretoria Magistrates’ Court with the offence of assault with the intention to do grievous bodily harm. Your instructions from your client are that he wants to plead not guilty to the charge. Draft his statement that will make up his plea. You must include all headings and conclusions. Make use of your own facts and any information you may deem necessary for the statement to be accepted by the court. (15 marks) Critically discuss the type of information that should be avoided when drafting Mr. Sibeko’s plea explanation. (6 marks) Discuss the procedure regarding the assembling of evidence in a criminal trial (4 marks) Suppose Mr. Sibeko applies to be released on bail. Please advise your client as to the relevant factors that the presiding officer will consider when entertaining the request for release on bail and, if so, the conditions that may be attached as well. You must refer to relevant case law in your answer (5 marks)