27 Oct You are a magistrate presiding overa matter involving Daniel. Daniel has been charged with abduction, kidnapping and the trafficking of minors. Throughout the trial, you have had to reprimand Daniel a number of times for his unacceptable behaviour in court

Question 1 (Marks: 40} (1.1.1 (1.1.2 (1.1.3 You are a magistrate presiding overa matter involving Daniel. Daniel has been charged with abduction, kidnapping and the trafficking of minors. Throughout the trial, you have had to reprimand Daniel a number of times for his unacceptable behaviour in court. At every instance, Daniel has frustrated the trial process to such an extent that you are now considering whether his trial can continue without him being present. Answer the following questions: (1.1.1.1 Discuss whether an accused in Daniel’s situation can be tried in his ‘5) absence on account of his or her misbehaviour, W (1.1.1.2 Assume for this question only that the prosecution would like to call a child witness to testify about how Daniel kidnapped and abused her before Daniel attempted to sell her to another child trafficker from France. The prosecution would like to bring an application in terms of section 158 of the Criminaf Procedure Act 51 of 19??. for the child to give evidence by means of closed-circuit television {CCTV}. Write a note in which you set out the following regarding such an application: (1.1.1.2.1 Any five factors that a court would consider when looking to {9} grant an application of this nature. [1.1.1.22 Any five circumstances that should be considered when the ” prosecution brings such an application. Discuss the consequences that follow where one. for example, arrests someone 8’} else, conducts a search and seizes articles illegally. With reference to section 12 in the Drugs and Drug Trafficking Act 140 of 1992, V} explain the circumstances under which a magistrate would issue a warrant for someone to be arrested and detained for interrogation, as well as the instances under which a magistrate will order such a detainee’s release.

0.1.4 Sibusiso is a landlord who has just signed a new lease agreement with his tenant. Shahika, for Shahika to rent an apartment in the apartment block in which Sibusiso stays. Sibusiso occupies the biggest apartment in the apartment block, 7 floors up from where Shahika’s apartment is. For a couple of months, Sibusiso has been receiving complaints from other tenants in his apartment block that terrible chemical smells are coming from Shahika’s apartment. One of Sibusiso’s tenants tells him that she suspects Shahika of making a dangerous moonshine liquor, that was reported recently to cause the deaths of 2 young individuals at a local bar where Shahika works. Sibusiso has raised this with the police on a number of occasions but the police have not been able to help him. Advise Sibusiso on the powers that occupiers of premises have regarding search and seizure of articles that contravene any law.