QUESTION 1

Mr Malwela and co-accused Mr Duduzane were convicted on charges of robbery and murder in the Makhado Regional court. It emerged during their trial that the deceased, a primary school teacher, Ms Mpolayeni, was shot on the shoulder-blades as a result of which she became a paraplegic. Her condition improved, and she eventually resumed her work at the same school. She is using a wheelchair. Her medical doctor advised her to shift her position in the wheelchair regularly. She ignored this advice as a result of which she developed serious pressure sores which caused septicaemia and her subsequently died.

In appeal the appellant's contention was that although the bullet wound had been a cause of the death of the primary school teacher (conditio sine qua non), it was not the legal cause thereof. Advise Mr Malwela and Mr Duduzane on the likelihood of the success on appeal. 20

QUESTION 2

Community of Nkandla insist that the former president Jacob Zuma is innocent. During his application to have his sentence set aside, his lawyer Adv Dali Mpofu said his client is innocent. With reference to authority, discuss the presumption of innocence.

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QUESTION 3

Matome Ramatladi approaches you as a law student and informs you that he is charged with contravening lockdown regulations and his case is going back to court again on the 03 August 2021. His basis of his defence is that he was not aware of the lockdown regulations. Considering the foregoing, advise Matome Ramatladi whether he has a proper defence or not.