LEV3701/101/3/2022

Tutorial Letter 101/3/2022

Law of Evidence
LEV3701

Semester 1 and 2

Criminal and Procedural Law

This tutorial letter contains important information about your module.

BARCODE
 LEV3701/101/3/2022
CONTENTS
Page

1 INTRODUCTION .......................................................................................................................... 3
2 PURPOSE AND OUTCOMES ...................................................................................................... 4
2.1 Purpose ........................................................................................................................................ 4
2.2 Outcomes ..................................................................................................................................... 4
3 CURRICULUM TRANSFORMATION ........................................................................................... 4
4 CONTACTING THE UNIVERSITY VIA EMAIL ............................................................................. 5
5 LECTURER(S) AND CONTACT DETAILS................................................................................... 5
5.1 Lecturer(s) .................................................................................................................................... 5
5.2 Department ................................................................................................................................... 5
5.3 College of Law Information Centre ................................................................................................ 5
5.4 University ...................................................................................................................................... 6
6 RESOURCES ............................................................................................................................... 7
6.1 Prescribed book(s) ........................................................................................................................ 7
6.2 Recommended book(s) ................................................................................................................. 7
6.3 Electronic reserves (e-reserves) ................................................................................................... 7
6.4 Library services and resources information ................................................................................... 7
7 STUDENT SUPPORT SERVICES ................................................................................................ 8
7.1 Module-specific support initiatives................................................................................................. 8
7.2 Companies falsely advertising Unisa services............................................................................... 8
8 STUDY PLAN ............................................................................................................................... 8
9 PRACTICAL WORK ..................................................................................................................... 8
10 ASSESSMENT ............................................................................................................................. 8
10.1 Assessment criteria....................................................................................................................... 8
10.2 Assessment plan .......................................................................................................................... 9
10.3 Unique numbers ........................................................................................................................... 9
10.4 Assignment due dates .................................................................................................................. 9
10.5 Submission of assignments .......................................................................................................... 9
10.6 The examination ........................................................................................................................... 9
11 ACADEMIC DISHONESTY ........................................................................................................ 10
11.1 Plagiarism ................................................................................................................................... 10
11.2 Cheating ..................................................................................................................................... 10
11.3 More information about plagiarism can be downloaded on the link below ................................... 10
12 STUDENTS WITH DISABILITIES .............................................................................................. 10
13 IN CLOSING ............................................................................................................................... 10

2
 LEV3701/101/3/2022
Dear Student

1 INTRODUCTION

Unisa is a comprehensive ODeL higher education institution. The comprehensiveness of our

curricula encapsulates a range of offerings, from strictly vocational to strictly academic
certificates, diplomas and degrees. Unisa's "openness" and its distance eLearning character
result in many students registering at Unisa who may not have had an opportunity to enrol in
higher education. Our ODeL character implies that our programmes are carefully planned and
structured to ensure success for students ranging from the under-prepared but with potential to
the sufficiently prepared.

Teaching and learning in an ODeL context involve multiple modes of delivery ranging from
blended learning to fully online. As a default position, all post graduate programmes are offered
fully online with no printed study materials, while undergraduate programmes are offered in a
blended mode of delivery where printed study materials are augmented with online teaching and
learning via the learner management system – myUnisa. In some instances, undergraduate
programmes are offered fully online as well.

Furthermore, our programmes are aligned with the vision, mission and values of the University.
Unisa's commitment to serve humanity and shape futures combined with a clear appreciation of
our location on the African continent, Unisa's graduates have distinctive graduate qualities which
include

• independent, resilient, responsible and caring citizens who can fulfil and serve in multiple
roles in their immediate and future local, national and global communities
• having a critical understanding of their location on the African continent with its histories,
challenges and potential in relation to globally diverse contexts
• the ability to critically analyse and evaluate the credibility and usefulness of information
and data from multiple sources in a globalised world with its ever-increasing information
and data flows and competing worldviews
• how to apply their discipline-specific knowledges competently, ethically and creatively to
solve real-life problems
• an awareness of their own learning and developmental needs and future potential

This module is offered online, meaning that all information is available via the Internet on myUnisa
(Unisa’s virtual campus). This online system is used to administer, document and deliver
educational material to you and support engagement with you. Look out for information from your
lecturer as well as other Unisa platforms to determine how to access the virtual myUnisa module
site. Information on the tools that will be available to engage with the lecturer and fellow students
to support your learning will also be communicated via various platforms. You are encouraged to
log into the module site on myUnisa regularly (that is, at least twice per week).

We are pleased to welcome you to this module, and hope that you will find it both interesting and
rewarding. You will find a similar word of welcome in the introduction to your study guide. Please
read it carefully and note that if the information in you study guide differs, you should follow the
information in this tutorial letter and on the module site (myUnisa).

3
 LEV3701/101/3/2022

We shall do our best to help you achieve success in your study of this module. You will be well
on your way to success if you start studying early in the semester and complete the assignments
with due diligence.

We hope that you will enjoy this module and wish you all the best!

2 PURPOSE AND OUTCOMES

2.1 Purpose

The purpose of the learning in this module is for you to gain the necessary knowledge, skills,
attitudes and competencies to analyse and solve practical problems relating to the general
concepts and sources of the law of evidence, the presentation of evidence, the admissibility of
evidence and the assessment of evidence.
2.2 Outcomes

A range of tasks in the study guide and tutorial letters, assignments and examinations will ensure
that you achieve the following outcomes:

■ identification and comprehension of the role of the general concepts and sources of the
law of evidence in current South African law and everyday life

■ a demonstrative and clear understanding of the theoretical framework of and the most
pressing and prevalent issues regarding the law of evidence
■ sufficient knowledge, skill, attitudes and competencies to analyse and critically evaluate
legal material (the Constitution, legislation, case law and academic opinion) directly
pertaining to the law of evidence
■ application of the general concepts of the law of evidence in practical situations, as well
as the solving of multidimensional legal problems associated with the general concepts
and sources of law of evidence, the presentation of evidence, the admissibility of evidence
and the assessment of evidence.

3 CURRICULUM TRANSFORMATION

Unisa has implemented a transformation charter based on five pillars and eight dimensions. In
response to this charter, we have placed curriculum transformation high on the teaching and
learning agenda. Curriculum transformation includes the following pillars: student-centred
scholarship, the pedagogical renewal of teaching and assessment practices, the scholarship of
teaching and learning, and the infusion of African epistemologies and philosophies. These pillars
and their principles will be integrated at both programme and module levels as a phased-in
approach. You will notice a marked change in the teaching and learning strategy implemented by
Unisa, together with how the content is conceptualised in your modules. We encourage you to
embrace these changes during your studies at Unisa in a responsive way within the framework
of transformation.

4
 LEV3701/101/3/2022
4 CONTACTING THE UNIVERSITY VIA EMAIL

To assist Unisa to safeguard your personal information, please ensure that you only use your
myLife e-mail account when communicating with the university. We will not be responding to
any emails sent from private email addresses.
By using your myLife e-mail account, the university has a reasonable assurance that we are
communicating with you, as your e-mail address contains your student number and you use your
login credentials to access the account.
Unisa may only communicate with a student using a private e-mail address under the following
circumstances:

• New applicants who are enquiring about information for the purpose of applying for
admission.
• New applicants who do not yet have a myLife e-mail account, because they have been
admitted but not yet registered.
• Where a student requires assistance in resolving myLife e-mail account access
problems.

Please be aware that any personal information you publish on public platforms, such as social
media platforms and WhatsApp groups, is not covered by the provisions of Protection of Personal
Information Act 4 of 2013. Any personal information published in the public domain is not
considered private and can, therefore be accessed by external parties with access to such
platforms.

5 LECTURER(S) AND CONTACT DETAILS

5.1 Lecturer(s)

Lecturer Telephone Office E-mail

Prof BC Naudé 012 429 8607 Cas van Vuuren 8-86 naudebc@unisa.ac.za

5.2 Department

Department of Criminal and Procedural Law.

5.3 College of Law Information Centre

For college-specific queries, please email lawdeanery@unisa.ac.za or

CLAWinquiries@unisa.ac.za. The college can also be contacted by phoning 012 429
4718/4860/6166/3253/4428.
Please send all emails from your mylife email account. If you send an e-mail directly to a
Unisa e-mail address, insert your student number in the subject line to affect the correct routing
to an advisor for processing.

5
 LEV3701/101/3/2022
5.4 University

To contact the university, please dial 080 000 1870. Remember to keep your student number at
hand when contacting the university. The Unisa Student Communication Service Centre will be
open weekdays from 08:00 – 16:00 (South African Standard Time).

Please send all emails from your mylife email account. If you send an e-mail directly to a
Unisa e-mail address, insert your student number in the subject line to affect the correct routing
to an advisor for processing. Please check the list carefully and send an enquiry to one e-
mail address only. This will ensure that there is no confusion as to who must respond, thereby
preventing unnecessary delays in the response or the email portrayed as spam. Students should
only forward enquiries to the Registrar and Deputy Registrar in instances where those enquiries
could not be resolved at other levels.

TELEPHONE
TYPE OF QUERY EMAIL ADDRESS
NUMBER
ICT
012 429 3111 (Option
myUnisa myUnisaHelp@unisa.ac.za
2)
012 429 3111 (Option
myLife myLifeHelp@unisa.ac.za
2)
STUDENT ADMISSIONS AND REGISTRATIONS
General applications and
study-info@unisa.ac.za
registration queries
College of Law jus@unisa.ac.za
International students international@unisa.ac.za
Exemptions adhoccredits@unisa.ac.za
Access and matriculation
ame@unisa.ac.za
exemption
Re-admissions study-info@unisa.ac.za
STUDENT ASSESSMENT ADMINISTRATION
General assignment enquiries assign@unisa.ac.za
General exam queries exams@unisa.ac.za 012 429 8641
Aegrotat exams aegrotats@unisa.ac.za 012 429 8641
Exam arrangements for students examdisabled@unisa.ac.za
012 429 8641
with disabilities
Exam admission examadmission@unisa.ac.za 012 429 8641
International students examinternational@unisa.ac.za + 27 12 429 2268
Remarks remark@unisa.ac.za 012 429 8641
Purchase of an exam script purchasescript@unisa.ac.za 012 429 8641
FINANCE
Student account enquiries finan@unisa.ac.za 012 429 2441/4299
STUDENT FUNDING
General student funding enquiries letsomp@unisa.ac.za 012 441 5600
STUDY MATERIAL
Despatch enquiries despatch@unisa.ac.za

6
 LEV3701/101/3/2022
6 RESOURCES

6.1 Prescribed book(s)

The prescribed textbooks for this module for 2022 are:

(a) Schwikkard, PJ & Van der Merwe, SE. 2016. Principles of evidence. 4th ed. Cape Town:
Juta.
(b) Terblanche, SS & Naudé, BC. 2017. The law of evidence: cases and statutes. 5th ed. Cape
Town: Juta.

6.2 Recommended book(s)

There are no recommended books for this module.

6.3 Electronic reserves (e-reserves)

There are no e-reserves for this module.

6.4 Library services and resources information

The Unisa Library offers a range of information services and resources:

• For brief information, go to https://www.unisa.ac.za/library/libatglance

• For more detailed Library information, go to
http://www.unisa.ac.za/sites/corporate/default/Library
• For research support and services (eg Personal Librarians and literature search
services), go to http://www.unisa.ac.za/sites/corporate/default/Library/Library-
services/Research-support

The Library has created numerous Library guides: http://libguides.unisa.ac.za

Recommended guides:

• Request and find library material/download recommended material:

http://libguides.unisa.ac.za/request/request
• Postgraduate information services: http://libguides.unisa.ac.za/request/postgrad
• Finding and using library resources and tools:
http://libguides.unisa.ac.za/Research_skills
• Frequently asked questions about the library:
http://libguides.unisa.ac.za/ask
• Services to students living with disabilities:
http://libguides.unisa.ac.za/disability

Important contact information:

• Ask a Librarian: https://libguides.unisa.ac.za/ask

• Technical problems accessing library online services: Lib-help@unisa.ac.za
• General library related queries: Library-enquiries@unisa.ac.za
• For queries related to library fines and payments: Library-fines@unisa.ac.za

7
 LEV3701/101/3/2022
7 STUDENT SUPPORT SERVICES

7.1 Module-specific support initiatives

All information relating to module-specific support initiatives will be made available to you via
myUnisa on the module site.
7.2 Companies falsely advertising Unisa services
Some companies and social media pages have been falsely advertising Unisa online information
and various services to assist Unisa students. In the process, companies either solicit money
fraudulently from students or make money through online advertising with no benefit to students.
These companies are in no way associated or related to Unisa.
We request that students only use official Unisa sites and platforms as any other platforms will
provide you with incorrect information and/or act illegally which will be harmful to your studies.
Unisa will always use official communication channels (eg Unisa website, myUnisa, Unisa social
media platforms, myLife e-mail) to communicate with students.
Please use the following Unisa platforms for official Unisa information:

• www.unisa.ac.za
• https://my.unisa.ac.za
• https://www.facebook.com/UniversityOfSouthAfrica
• https://twitter.com/unisa
• https://www.linkedin.com/company/unisa

8 STUDY PLAN

Please note that lectures will be posted on myUnisa at the start of the year to guide and support
you through your studies. The dates for these lectures will be posted on myUnisa and we advise
you to compile your study plan accordingly.

9 PRACTICAL WORK

There is currently no practical work envisaged for the course.

10 ASSESSMENT

10.1 Assessment criteria

There are two compulsory assignments that you must submit during the semester in which
you are registered. If you are registered in the first semester, you must submit the first
semester’s assignments only. If you are registered for the second semester, you must
submit the second semester’s assignments only. Both assignments contribute to your
semester mark.
NB! YOU MUST SUBMIT THE FIRST ASSIGNMENT IN ORDER TO BE ADMITTED TO THE
EXAMINATION.

8
 LEV3701/101/3/2022
All students who submit the first compulsory assignment in time (on or before the due date) will
be admitted to the examination, regardless of the mark obtained for this assignment. In other
words, a student who submitted the first assignment but obtained 0% will still be allowed to sit for
the examination. Students who do not submit the first compulsory assignment on or before the
due date will not gain admission to the examination, irrespective of whether they submit
the second compulsory assignment afterwards.
The two compulsory assignments (20% each) will comprise 40% of your final mark.

10.2 Assessment plan

You must log into the module site on myUnisa to access the following:

• the due dates for assignments.

• the actual assignments that must be completed.

• how to submit your assignments.

• the weighting of the different assessments.

• admission to the exam.

• the examination.

10.3 Unique numbers

Assignments are no longer given unique numbers.

10.4 Assignment due dates

• There are no assignment due dates included in this tutorial letter.

• Assignment due dates will be made available to you on the landing page of myUnisa for this
module. We envisage that the due dates will be available to you upon registration.

• Please start working on your assignments as soon as you register for the module.

• Log on to the myUnisa site for this module to obtain more information on the due dates for the
submission of the assignments.

10.5 Submission of assignments

All information on when and where to submit your assignments will be made available to you via
the myUnisa site for your module.

10.6 The examination

Examination information and details on the format of the examination will be made available to
you online via the myUnisa site. Look out for information that will be shared with you by your
lecturer and e-tutors (where relevant) and for communication from the University.

9
 LEV3701/101/3/2022
11 ACADEMIC DISHONESTY

11.1 Plagiarism
Plagiarism is the act of taking the words, ideas and thoughts of others and presenting them as
your own. It is a form of theft which involves several dishonest academic activities, such as the
following:

• Cutting and pasting from any source without acknowledging the source.
• Not including or using incorrect references.
• Paraphrasing without acknowledging the original source of the information.

11.2 Cheating
Cheating includes, but is not limited to, the following:

• Completing assessments on behalf of another student, copying from another student

during an assessment or allowing a student to copy from you.
• Using social media (e.g. WhatsApp, Telegram) or other platforms to disseminate
assessment information.
• Submitting corrupt or irrelevant files.
• Buying completed answers from “tutors” or internet sites (contract cheating).

11.3 More information about plagiarism can be downloaded on the link below
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-rules

12 STUDENTS WITH DISABILITIES

The Advocacy and Resource Centre for Student with Disabilities (ARCSWiD) provides an
opportunity for staff to interact with new and returning students with disabilities.
If you are a student with a disability and would like additional support or need additional time for
assessments, you are invited to contact the university by sending an email to
examdisabled@unisa.ac.za, so that you can be assisted. In your email include the name of the
module(s) that you are currently registered for.
For content-related queries, please send an email to Prof BC Naude at naudebc@unisa.ac.za.

13 IN CLOSING

This brings us to the end of this tutorial letter. We hope that you will enjoy this module and wish
you success with your studies.

Prof BC Naudé

10