CRW2601/101/3/2024

Tutorial Letter 101/3/2024

Criminal Law: General Principles

CRW2601

Semesters 1 and 2

Criminal and Procedural Law

MPORTANT INFORMATION
Please register on myUnisa, activate your myLife e-mail account and make
sure that you have regular access to the myUnisa module website,
CRW2601-2024-S1/S2, as well as your group website

Note: This is a fully online module. It is, therefore, only available on myUnisa.
BARCODE
 CONTENTS
Page

1 INTRODUCTION 3

2 PURPOSE AND OUTCOMES 4

2.1 Purpose 4
2.2 Outcomes 4

3 CURRICULUM TRANSFORMATION 5

4 CONTACTING THE UNIVERSITY VIA EMAIL 5

4.1 Lecturer(s) 5
4.2 Department 6
4.3 College of Law Information Centre 6
4.4 University 7

5 RESOURCES 8
5.1 Prescribed book(s) 8
5.2 Recommended book(s) 9
5.3 Electronic reserves (e-reserves) 9
5.4 Library services and resources 10

6 STUDENT SUPPORT SERVICES 11

6.1 The Unisa First-Year Experience Programme 11
6.2 Companies falsely advertising Unisa services 12

7 STUDY PLAN 13

8 PRACTICAL WORK 13

9 ASSESSMENT 13
9.1 Assessment criteria 13
9.2 Assessment plan 14
9.3 Assessment due dates 14
9.4 Submission of assessments 15
9.4.1 Types of assignments and descriptions 16
9.5 The assessments 17
9.6 Other assessment methods 17
9.7 The examination 17
9.7.1 Invigilation/proctoring 17

10 ACADEMIC DISHONESTY 18
10.1 Plagiarism 18
10.2 Cheating 18
10.3 Academic matters 19
10.4 Administrative matters 19

11 STUDENTS LIVING WITH DISABILITIES 19

12 FREQUENTLY ASKED QUESTIONS 20

13 IN CLOSING 22

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Dear Student

1 INTRODUCTION

Unisa is a comprehensive open distance e-learning (CODeL) 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 a CODeL context involves 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 are able to 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

The CRW2601 module is a blended module. Whether a module is offered either as

blended (meaning that we use a combination of printed and online material to engage
with you — in CRW2601, you will receive a hard copy of your Study Guide only) or
online (all information is available via the internet including an electronic copy of your
CRW2601 Study Guide), we use myUnisa as our virtual campus. This is an online
system that 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

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 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).

2 PURPOSE AND OUTCOMES

2.1 Purpose

This module covers the theoretical principles underlying substantive criminal law. The
purpose of this module (CRW2601) is for you to gain the necessary knowledge, skills,
attitudes and competencies to analyse and solve problems relating to the general
principles of criminal law. You must be able to demonstrate a clear understanding of
these principles, apply them to factual scenarios which occur in the real world, and
solve problems related to criminal law in a work environment.

2.2 Outcomes

By studying this module, you should develop the following main outcomes and
competencies:

• Knowledge and understanding. This fundamental outcome requires you to

gain sufficient knowledge, skills, and competencies to critically analyse and
evaluate legal material which include the Constitution, legislation, case law and
academic opinion pertaining directly to specific crimes.

• Application. You also have to develop the competency to formulate legal

arguments and apply your knowledge to practical problems. This outcome can
be achieved by, inter alia, doing the “activities” and “test yourself” exercises
included in the study material.

The outcomes and competencies mentioned above are also relevant for assessment
purposes (by your lecturers and your assessment of yourself). In the examination,
you will have to answer theoretical questions which will require you to demonstrate
your knowledge of the study material. You will also have to answer a number of
problem-type questions to assess your understanding and ability to apply your
theoretical knowledge practically. Both types of questions will assess how you use
certain competencies, for

Since you are a Unisa student learning through distance education, you will also be
required to evaluate yourself. Self-evaluation is an important tool for assessing the
extent to which you have achieved the study outcomes. Apart from the feedback on
assignments which will provide specific guidance, you should take notice of the
specific outcomes identified in each study unit to determine whether you have
achieved the knowledge and insight required. In this way, you will be able to identify
areas in which you may need to improve your knowledge and/or understanding.

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3 CURRICULUM TRANSFORMATION

Unisa has implemented a transformation charter, in terms of which the university has
placed curriculum transformation high on the teaching and learning agenda.
Curriculum transformation includes 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. All of these will
be phased in at both programme and module levels, and as a result of this you will
notice a marked change in the teaching and learning strategy implemented by Unisa,
together with the way in which 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 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.

4.1 Lecturer(s)

Direct all queries that are not of a purely administrative nature, but which relate to
the content of this module, to your lecturers. Always have your study material at
hand when you have queries concerning this module. DO NOT SEND
COMMUNICATIONS TO ALL THE LECTURERS INDIVIDUALLY, BUT RATHER
ADDRESS CORRESPONDENCE TO THE PRIMARY LECTURER.

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 Email has increasingly become the preferred method of communication, as it allows
for a quicker response time. You can email us either directly or via the relevant links
on myUnisa.

You must however contact us from your registered myLife email account. It is therefore
essential for you to establish a myLife individual email account by following the links
on myUnisa.

If you wish to contact more than one lecturer in this module electronically, please direct
your email to the primary lecturer and CC (copy) the other lecturers. However, the best
course of action is to address all electronic communication to the primary lecturer, who
will then assist you or direct your query to the appropriate person. Do not send
identical emails to all the lecturers individually. Also note that correspondence
addressed to lecturers MAY NOT be enclosed together with assignments.
Our contact details are as follows:

Prof N Mollema (012) 429 8384 [email protected] (Primary lecturer)

Ms CP Museka (012) 429 3111 [email protected]

If you should call us and you find that we are not readily available to take your call,
please leave a voicemail message for your lecturers. It may happen that sometimes
the voicemail message is very unclear. You are, therefore, urged to also send us an e-
mail.

You are welcome to visit the lecturers to discuss any queries about or problems
concerning the module. However, please make an appointment beforehand, otherwise
you may run the risk of the lecturer not being available to see you. Our offices are on
the 8th floor of the Cas van Vuuren Building, Main Campus, Muckleneuk Ridge,
Pretoria.

Our office numbers are as follows:

Prof N Mollema Cas van Vuuren 8-88

Ms CP Museka Cas van Vuuren 8-04

4.2 Department

If you cannot get hold of any of your lecturers, you are also welcome to leave a
message with the departmental secretary at either (012) 429 4995/8397/8444.

4.3 College of Law Information Centre

College-specific queries, please email [email protected] or

[email protected]. The college can also be contacted by phoning 012 429
4718/4860/6166/3253/4428.

Please send all e-mails from your myLife e-mail account. If you send an e-mail
directly to a Unisa e-mail address, include your student number in the subject line
to ensure that your e-mail is correctly routed for an advisor for processing.

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4.4 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 e-mails from your myLife e-mail account. If you send an e-mail
directly to a Unisa e-mail address, include your student number in the subject line
to ensure that your e-mail is correctly routed for 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.

TYPE OF QUERY EMAIL ADDRESS TELEPHONE NUMBER

ICT
myUnisa [email protected] 012 429 3111 (Option 2)
myLife [email protected] 012 429 3111 (Option 2)
STUDENT ADMISSIONS AND REGISTRATIONS
General applications and
[email protected]
registration queries
College of Law [email protected]
International students [email protected]
Exemptions [email protected]
Access and matriculation
[email protected]
exemption
Re-admissions [email protected]
STUDENT ASSESSMENT ADMINISTRATION
General assignment
[email protected]
enquiries
General exam queries [email protected] 012 429 8641
Aegrotat exams [email protected] 012 429 8641
Exam arrangements for
[email protected] 012 429 8641
students with disabilities
Exam admission [email protected] 012 429 8641
International students [email protected] + 27 12 429 2268
Remarks [email protected] 012 429 8641
Purchase of an exam script [email protected] 012 429 8641
FINANCE
Student account enquiries [email protected] 012 429 2441/4299
STUDENT FUNDING
General student funding
[email protected] 012 441 5600
enquiries
STUDY MATERIAL
Despatch enquiries [email protected]

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 Contact addresses of the various administrative departments appear on the Unisa
website: http://www.unisa.ac.za/sites/corporate/default/Contact-us/Student-enquiries.
Please include your student number in all correspondence.

5 RESOURCES
5.1 Prescribed book(s)

The prescribed textbook for CRW2601 is:

Snyman CR Snyman’s Criminal Law 7 ed (2020) LexisNexis

Bear in mind that it will not be sufficient to merely memorise the contents of the study
material. You must also consult the prescribed textbook. There are certain sections of
the module content that are not discussed in the study guide, but which are only
contained in the textbook, Criminal Law.

In the study guide we have specified those sections that are only found in the textbook.
Please ensure that you study these sections from the textbook. Furthermore, if the
discussion of a certain topic in the study guide is not clear to you, it will probably
become clearer if you consult the discussion of that particular topic in the prescribed
textbook.

To obtain the textbook, please consult the list of official booksellers and their addresses
listed in Study @ Unisa. If you have any difficulty obtaining Snyman’s book from these
bookshops, please contact the Prescribed Books Section at telephone 012 429 4152
or e-mail [email protected]. You can also order Snyman’s book directly from the
publishers.

Prescribed cases

The following is a list of prescribed decided cases which you must study for the
examination. It is COMPULSORY to study these cases in conjunction with the study
guide and prescribed textbook. They will help you gain greater insight into the relevant
principles and their application. All the cases appear in your prescribed Case Law
Reader.

For the purposes of this module, you need to study the prescribed cases as they
appear in your prescribed Case Law Reader only. The prescribed cases are:

Theories of punishment
Zinn 1969 (2) SA 537 (A)

Principle of legality
Masiya 2007 (2) SACR 435 (CC)
Mshumpa 2008 (1) SACR 126 (E)
Prins 2012 (2) SACR 183 (SCA)

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The requirement of an act

Henry 1999 (1) SACR 13 (SCA)

Omission
Minister van Polisie v Ewels 1975 (3) SA 590 (A)

Causation
Mokgethi 1990 (1) SA 32 (A)
Tembani 2007 (1) SACR 355 (SCA)

Unlawfulness
Fourie 2001 (2) SACR 674 (C)

Private defence
Van Wyk 1967 (1) SA 488 (A)
Patel 1959 (3) SA 121 (A)
Steyn 2010 (1) SACR 411 (SCA)

Necessity
Goliath 1972 (3) SA 1 (A)

Criminal Capacity
Eadie 2002 (1) SACR 663 (SCA)

Culpability
Masilela 1968 (2) SA 558 (A)
Mtshiza 1970 (3) SA 747 (A)
De Blom 1977 (3) SA 513 (A)
De Oliveira 1993 (2) SACR 59 (A)
Lungile 1999 (2) SACR 597 (A)

Intoxication
Chretien 1981 (1) SA 1097 (A)

Participation
Safatsa 1988 (1) SA 868 (A)
Thebus 2003 (2) SACR 319 (CC)
Molimi 2006 (2) SACR 8 (SCA)

Attempt
Schoombie 1945 AD 541
Davies 1956 (3) SA 52 (A)

5.2 Recommended book(s)

There are no recommended books for this module.

5.3 Electronic reserves (e-reserves)

There are no e-reserves for this module.

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5.4 Library services and resources

The Unisa Library offers a range of information services and resources. The library has
created numerous library guides, available at http://libguides.unisa.ac.za

Recommended guides:

• For brief information on the library, 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
• Frequently Asked Questions, visit
https://www.unisa.ac.za/sites/corporate/default/Library/Frequently-Asked-
Questions
• For research support and services such as the Personal Librarian service visit
http://www.unisa.ac.za/sites/corporate/default/Library/Library-
services/Research-support
• For research support and services such as the Information Search Librarian's
Literature Search Request (on your research topic) service, visit
http://www.unisa.ac.za/sites/corporate/default/Library/Library-
services/Research-support
• For library training for undergraduate students, visit
https://www.unisa.ac.za/sites/corporate/default/Library/Library-services/Training
• Lending Services
https://www.unisa.ac.za/sites/corporate/default/Library/Library-
services/Lending-services
• Services for Postgraduate students:
https://www.unisa.ac.za/sites/corporate/default/Library/Services-for-
Postgraduates
• Support and Services for students with disabilities:
https://www.unisa.ac.za/sites/corporate/default/Library/Services-for-students-
with-special-needs
• Library Technology Support: https://libguides.unisa.ac.za/techsupport
• Finding and using library resources and tools:
http://libguides.unisa.ac.za/Research_skills
• A–Z list of library databases: https://libguides.unisa.ac.za/az.php

Important contact information:

➢ Technical problems encountered in accessing library online services: Lib-

[email protected]
➢ General library-related queries: [email protected]
➢ Queries related to library fines and payments: [email protected]
➢ Interlibrary loan service for postgraduate students: [email protected]
➢ Literature Search Service: [email protected]
➢ Social media channels: Facebook: UnisaLibrary and Twitter: @UnisaLibrary

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6 STUDENT SUPPORT SERVICES

The Study @ Unisa brochure is available on myUnisa:

www.unisa.ac.za/brochures/studies

This brochure contains important information and guidelines for successful studies
through Unisa.

If you need assistance with regard to the myModules system, you are welcome to use
the following contact details:

• Toll-free landline: 0800 00 1870 (Select option 07 for myModules)

• E-mail: [email protected] or [email protected]

You can access and view short videos on topics such as how to view your calendar,
how to access module content, how to view announcements for modules, how to
submit assessment and how to participate in forum activities via the following link:

https://dtls-qa.unisa.ac.za/course/view.php?id=32130

Registered Unisa students get a free myLife e-mail account. Important information,
notices and updates are sent exclusively to this account. Please note that it can take
up to 24 hours for your account to be activated after you have claimed it. Please do
this immediately after registering at Unisa, by following this link:
[email protected]

Your myLife account is the only e-mail account recognised by Unisa for official
correspondence with the university and will remain the official primary e-mail
address on record at Unisa. You remain responsible for the management of this e-
mail account.

6.1 The Unisa First-Year Experience Programme

Many students find the transition from school education to tertiary education stressful.
This is also true in the case of students enrolling at Unisa for the first time. Unisa is a
dedicated open distance and e-learning institution, and it is very different from face-to-
face/contact institutions. It is a mega university, and all our programmes are offered
through either blended learning or fully online learning. It is for this reason that we
thought it necessary to offer first-time students additional/extended support to help
them seamlessly navigate the Unisa teaching and learning journey with little difficulty
and few barriers. We therefore offer a specialised student support programme to
students enrolling at Unisa for the first time – this is Unisa’s First-Year Experience
(FYE) Programme, designed to provide you with prompt and helpful information about
services that the institution offers and how you can access information. The following
FYE services are currently offered:

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 FYE Website Email Support

www.unisa.ac.za/FYE [email protected]

FYE1500
Post
myUnisa; Study
Registration
Skills; Academic &
Orientation Referrals to Digital Literacies;
other support etc
services i.e.,
Counselling;
Reading & Writing
workshops

To ensure that you do not miss out on important academic and support
communication from the SRU, please check your myLife inbox regularly.

6.2 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

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7 STUDY PLAN

The specific study plan for CRW2601 below is based on the assumption that all
academic activities for the 1st semester 2024 will commence in February and
continue until the end of April 2024. For the 2nd semester 2024, studies will
commence in July and continue until the end of September 2024. The
examination period for the 1st semester commences early in May 2024 and runs
till early June 2024, while the examination period for the 2nd semester
commences early in October 2024 and runs till November 2024.

STUDY PLAN WEEK BEGINNING STUDY UNIT(S) TO BE

ON: 1ST SEMESTER/ COVERED
2ND SEMESTER
Study Unit 1 & 2 2024-01-31/2024-07-04 Introduction / The principle of
legality
Study Unit 3 2024-02-07/2024-07-11 The requirement of an act
Study Unit 4 2024-02-14/2024-07-18 Definitional elements and causation
Study Unit 5 & 6 2024-02-21/2024-07-25 Unlawfulness I and II
Study Unit 7 & 8 2024-02-28/2024-08-01 Culpability and criminal capacity
Study Unit 9 2024-03-07/2024-08-08 Intention I
Study Unit 10 2024-03-14/2024-08-15 Intention II: Mistake
Study Unit 11 2024-03-21/2024-08-22 Negligence
Study Unit 12 2024-03-28/2024-08-29 The effect of intoxication and
provocation on criminal liability
Study Unit 13 & 14 2024-04-04/2024-09-05 Strict liability and Participation I
Study Unit 15 2024-04-11/2024-09-12 Participation II
Study Unit 16 2024-04-18/2024-09-19 Attempt, conspiracy, and incitement
Revision 2024-04-25/2024-09-26 Revision of assignments/ feedback
Exam preparation 2024-05-02/2024-10-03 Preparing for exam

8 PRACTICAL WORK
There is no practical work for this module.

9 ASSESSMENT
9.1 Assessment criteria

The assignments you have to do in this module will be assessed in terms of the
following desired outcomes and assessment criteria:

9.1.1 The specific desired outcomes to be assessed in CRW2601

Outcome 1
• The ability to apply knowledge, skills, and competencies critically to solve
problems relating to some of the most important specific offences.

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 Outcome 2
• The ability to demonstrate a clear understanding of the elements of specific
offences, through the application to factual scenarios of their underlying
principles.

9.1.2 The assessment criteria related to each specific outcome

Outcome 1
• Legal problems and issues relating to specific offences are identified in simulated
factual scenarios.
• A sound understanding of concepts, rules, established principles and elements
relating to specific offences is demonstrated.
• Legal material related to criminal law is critically analysed and synthesized.
• Views expressed in the text are reflected on, evaluated, and debated critically.

Outcome 2
• Problems relating to criminal law are solved using the correct legal principles.
• Legal text is skilfully used to substantiate arguments and support solutions for
specific criminal law issues.

You must ensure that your assignments meet the above outcomes and assessment
criteria. The assessor will then be in a better position to determine whether you have
achieved the necessary skills, knowledge, and insight regarding the study material.

9.2 Assessment plan

• To complete this module, you will be required to submit two (2) assessments.
• All information about when and where to submit your assessments will be made
available to you via the myModules site for your module.
• Due dates for assessments, as well as the actual assessments are available on
the myModules site for this module.
• To gain admission to the examination, you will be required to submit at least one
of the assignments. We recommend that you submit both assignments, as both
count towards your year mark.
• Each assignment counts 50% towards your year mark.
• The assignments (year mark) will count 20% towards the final module mark.
• You will receive examination information via the myModules sites. Please watch
out for announcements on how examinations for the modules for which you are
registered will be conducted.
• The examination will count 80% towards the final module mark.

9.3 Assessment due dates

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

• Assessment due dates will be made available to you on the myUnisa landing
page for this module. We envisage that the due dates will be available to you
upon registration.
• Please start working on your assessments as soon as you register for the module.

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

9.4 Submission of assessments

• Unisa, as a comprehensive open distance e-learning institution (CODeL), is

moving towards becoming an online institution. You will therefore see that all your
study material, assessments and engagements with your lecturer and fellow
students will take place online. We use myUnisa as our virtual campus.

• The myUnisa virtual campus will offer students access to the myModules site,
where learning material will be available online and where assessments should
be completed. This is an online system that is used to administer, document, and
deliver educational material to students and support engagement between
academics and students.

• The myUnisa platform can be accessed via https://my.unisa.ac.za. Click on the

myModules 2024 button to access the online sites for the modules that you are
registered for.

• The university undertakes to communicate clearly and as frequently as is

necessary to ensure that you obtain the greatest benefit from the use of the
myModules learning management system. Please access the announcements
on your myModules site regularly, as this is where your lecturer will post important
information to be shared with you.

• When you access your myModules site for the module/s you are registered for,
you will see a welcome message posted by your lecturer. Below the welcome
message you will see the assessment shells for the assessments that you need
to complete. Some assessments may be multiple choice, some tests, others
written assessments, some forum discussions, and so on. All assessments must
be completed on the assessment shells available on the respective module
platforms.

• To complete quiz assessments, please log on to the module site where you need
to complete the assessment. Click on the relevant assessment shell (Assessment
1, Assessment 2, etc.). There will be a date on which the assessment will open
for you. When the assessment is open, access the quiz online and complete it
within the time available to you. Quiz assessment questions are not included in
this tutorial letter (Tutorial Letter 101) and are only made available online. You
must therefore access the quiz online and complete it online where the quiz has
been created.

• It is not advisable to use a cell phone to complete the quiz. Please use a desktop
computer, tablet or laptop when completing the quiz. Students who use a cell
phone find it difficult to navigate the Online Assessment tool on the small screen
and often struggle to navigate between questions and successfully complete the
quizzes. In addition, cell phones are more vulnerable to dropped internet
connections than other devices. If at all possible, please do not use a cell
phone for this assessment type.

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 • For written assessments, please note the due date by which the assessment
must be submitted. Ensure that you follow the guidelines given by your lecturer
to complete the assessment. Click on the submission button on the relevant
assessment shell on myModules. You will then be able to upload your written
assessment on the myModules site of the modules that you are registered for.
Before you finalise the upload, double check that you have selected the correct
file for upload. Remember, no marks can be allocated for incorrectly submitted
assessments.

9.4.1 Types of assignments and descriptions

All assignments are defined as either optional, mandatory, compulsory, or elective.

• Elective assignments
- If not submitted, the student gets no mark for this item.
- The best of the required submissions will count.
• Mandatory assignments
- If not submitted, the student gets no mark for this item.
• Compulsory assignments
- If not submitted, the result on the student’s academic record will be
absent.
• Optional assignments
- You are encouraged as a student to do optional assignment so that it may
benefit your learning.

I. Elective assignments
a. the student is given a choice of which assignments within an identified group
to submit, only the best result(s), the number of which is specified in
advance, will contribute towards the year mark.
b. elective assignments must also be grouped into an elective group.
c. for the student to select which assignment to submit, the elective
assignments must be grouped together. For such an elective group,
relevant information must be provided to the student, such as how many of
the assignments must be submitted and how many of the assignment marks
should be combined into the year mark.
d. The selection criteria define how marks received for assignments in an
elective group are to be combined into the year mark. Three different criteria
may be used for calculating the year mark:

• The best mark should be used, or

• If the student submits fewer than the required number of
assignments per group or no assignment in a group, a mark of 0% will
be used.
• 0% is awarded to all non-submitted or unmarked assessments. A
best mark is then calculated from all items.

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II. Mandatory assignments

a. contribute to the year mark.
b. If a student fails to submit a mandatory assignment, no mark is awarded
and the year mark is calculated accordingly. The student will therefore forfeit
the marks attached to this assignment when the final mark for the module
is calculated.

III. Compulsory Assessment

a. when not submitted, the student will fail a Continuous Assessment module
but will be shown as absent from the examination in the case of other
modules.

IV. Optional assignments

You are encouraged as a student to do optional assignment so that it may benefit
your learning.

9.5 The assessments

As indicated in section 9.2, you need to complete two (2) assessments for this module.
There are no assignments included in this tutorial letter. Assignments and due
dates will be made available to you on myModules for this module. We envisage that
the due dates will be available to you upon registration.

9.6 Other assessment methods

There are no other assessment methods.

9.7 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.

9.7.1 Invigilation/proctoring

Since 2020 Unisa conducts all its assessments online. Given stringent requirements
from professional bodies and increased solicitations of Unisa’s students by third parties
to unlawfully assist them with the completion of assignments and examinations, the
University is obliged to assure its assessment integrity through the utilisation of various
proctoring tools: Turnitin, Moodle Proctoring, the Invigilator App and IRIS. These tools
will authenticate the student’s identity and flag suspicious behaviour to assure
credibility of students’ responses during assessments. The description below is for
your benefit as you may encounter any or all of these in your registered modules:

Turnitin is a plagiarism software that facilitates checks for originality in students’

submissions against internal and external sources. Turnitin assists in identifying
academic fraud and ghost writing. Students are expected to submit typed responses
for utilisation of the Turnitin software.

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 The Moodle Proctoring tool is a facial recognition software that authenticates
students’ identity during their Quiz assessments. This tool requires access to a
student’s mobile or laptop camera. Students must ensure their camera is activated
in their browser settings prior to their assessments.

The Invigilator “mobile application-based service does verification” of the identity

of an assessment participant. The Invigilator Mobile Application detects student
dishonesty-by-proxy and ensures that the assessment participant is the registered
student. This invigilation tool requires students to download the app from their Play
Store (Google, Huawei, and Apple) on their mobile devices (camera enabled) prior to
their assessment.

IRIS Invigilation software verifies the identity of a student during assessment and
provides for both manual and automated facial verification. It has the ability to record
and review a student’s assessment session. It flags suspicious behaviour by the
students for review by an academic administrator. IRIS software requires installation
on students’ laptop devices that are enabled with a webcam.

Students who are identified and flagged for suspicious dishonest behaviour arising
from the invigilation and proctoring reports are referred to the disciplinary office for
formal proceeding.

Please note:
Students must refer to their module assessment information on their myModule sites
to determine which proctoring or invigilation tool will be utilised for their formative and
summative assessments.

10 ACADEMIC DISHONESTY

10.1 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. Plagiarism includes the following forms of
academic dishonesty:

• Copying and pasting from any source without acknowledging the source.
• Not including references or deliberately inserting incorrect bibliographic
information.
• Paraphrasing without acknowledging the original source of the information.

10.2 Cheating

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

• Completing assessments on behalf of another student, copying the work of

another student during an assessment, or allowing another student to copy your
work.
• Using social media (e.g. WhatsApp, Telegram) or other platforms to disseminate
assessment information.

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• Submitting corrupt or irrelevant files, this forms part of examination guidelines

• Buying completed answers from so-called “tutors” or internet sites (contract
cheating).

For more information about plagiarism, follow the link below:

https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-
rules

10.3 Academic matters

All module content-related enquiries must first be addressed to the relevant module
lecturers. As already indicated above, all such enquiries must be made from your
[email protected] email account. Where your module lecturer(s) is unable to assist,
such enquiries can be escalated to the Chair of the Department in which your module
is located. The Chair of the Department is the one with the power to resolve issues, is
authorised to make such interventions, and has the final say in matters relating to the
administration of a module. Such escalation must be done via the departmental
administrative staff.

Contact information for all the departmental administrative staff in the department is
captured below.

Name Email address Telephone number

Prof A Saurombe (Chair of [email protected] (012) 429 8956
Department)
Ms M Moropyane [email protected] (012) 429 8414
(Secretary)
Ms CE Rosin [email protected] (012) 429 8397
(Administrative officer)

10.4 Administrative matters

The contact information for all administrative departments is included on page 9 of this
Tutorial Letter. Please address any administrative issues (for example, registration
issues, finance-related issues, graduation issues, auditing of a qualification, etc) with
the relevant support department and not the college.

11 STUDENTS LIVING WITH DISABILITIES

The Advocacy and Resource Centre for Students with Disabilities (ARCSWiD)
provides an opportunity for staff to interact with first-time 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 Prof Mollema ([email protected])
to discuss the assistance that you need.

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12 FREQUENTLY ASKED QUESTIONS

We receive many calls and emails from students repeatedly asking the same
questions. We have therefore decided to include the answers to these frequently
asked questions in this tutorial letter. You may also find FAQs online on the
CRW2601 site on myUnisa. Please read the FAQs first before making an
unnecessary telephone call or sending an e-mail.

1. Are there assignments for CRW2601? Do I have to submit the

assignments?

Yes, there are three assignments. It is compulsory to submit either the first
or the second assignment in order to obtain admission to the examination.
Both assignments count towards your semester mark. The third
assignment is the self-evaluation assignment and must not be submitted.

2. What do I do if I experience problems with the contents of the tutorial

material for CRW2601?

Please do not hesitate to contact one of your CRW2601 lecturers. You can
phone any of the lecturers, make an appointment to come and see us
personally, or send an e-mail.

3. Do I have to study the contents of the statutes and the court cases that
are given in the CRW2601 study guide?

Yes, but only as they are discussed in the study guide and the prescribed
textbooks. However, if it is indicated in this letter (see 5.1 above) or in the
Study Guide (open-book icon, see point 5 “Method of Study” in
Introduction chapter) that you must read a court case in the Case Law
Reader, then you must also study the case directly from the Reader.

4. I have not yet received a study guide or tutorial letter. Can you send me a
copy of the study guide/tutorial letter?

No, unfortunately we do not keep the tutorial material in our offices. All
material for this course is available online on the CRW2601 site on myUnisa.
Please look under “Official Study Material”, “Additional Resources”, and
“Announcements”. If you did not receive a hard copy of the Study Guide or Case
Law Reader, please send an e-mail to Despatch at [email protected].

5. When do the classes at Unisa start?

Unisa is a university which offers distance learning, and is not a residential

university. Therefore, we do not offer daily classes to our students. However,
we do offer tutorial classes on a weekly basis at Unisa Learning Centres
throughout the country. Do yourself a favour and find out more about these
tutorial classes! We also provide online lectures which will be made available to
you on the module’s myUnisa site.

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6. Do you have group discussions/visits for CRW2601?

No, there are currently no group discussion classes.

7. Do I have admission to write the examination in CRW2601?

All students who submitted any one of the two assignments in time (before or
on the closing date), will automatically receive admission to the examination,
regardless of the marks obtained for the assignment.

8. What is the so-called “year mark”, “semester mark”, “examination mark”

and “final mark”?

The “year mark” or “semester mark” is the mark that comprises your two
assignments. The year or semester mark will be weighted 20% towards the final
mark for the module. The “examination mark” is the mark you obtain from the
examination paper alone. It will be weighted 80% towards the final mark for the
module. The “final mark” is the mark that comprises your semester mark and
examination mark combined.

9. Where do I find previous or old examination papers for CRW2601?

Unfortunately, as the exams are multiple-choice questions, no previous

examination papers are made available to students. Memoranda are not
provided to students!

10. When am I writing the examination?

Sorry, we do not have this information yet. The university will inform you of
the relevant date and time in due course.

11. When will the examination results be released?

Sorry, we do not have this information yet.

12. Where do I find my examination results?

On the day that the examination results are released, you will find the results

(a) on notice boards at the main campus in Pretoria, as well as the regional
offices/learning centres
(b) on the Internet at http://www.unisa.ac.za
(c) by calling the toll-free number of the MTN Voice Response System: 083
1234

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 13. What do I do if I am not happy with my results?

Consult the information on the back of your official results sheet, which you will
receive in the post, for the different options to pursue if you are not satisfied with
your results. Also consult the brochure Study @ Unisa which you received as
part of your study package.

14. How do I apply for the remarking or rechecking of my examination script?

You will find all the information on the remarking or rechecking of examination
scripts on the back of the official results sheet that you will receive in the post.
You will also find the information in the brochure Study @ Unisa which you
received as part of your study package.

15. I have passed CRW2601. For which modules do I have to register now?

You must consult the brochure Study @ Unisa.

13 IN CLOSING
Please note that you can expect to receive a total of TWO (2) tutorial letters this
semester. Your first tutorial letter (101) is this one received on registration. In addition,
you will also receive a second tutorial letter (102), which will contain information
regarding amendments to your Study Guide.

Developments in the law which necessitate amendments to portions of the module

content, and any updates regarding the prescribed textbook, are usually included in
the second tutorial letter (102). However, if that need arises, such amendments may
also necessitate provision of a further tutorial letter.

Please note that you can also access these tutorial letters electronically on myUnisa
(http://my.unisa.ac.za) under the course code CRW2601 at the link “Official Study
Material” or “Additional Resources”. The “Announcements” forum will also be used to
facilitate faster communication about any developments and/or amendments
abovementioned.

We look forward to working with you this semester and hope that you will enjoy this module.
Please feel free to contact your lecturers if you require any further assistance.

All the best with your studies!

Your Lecturers

PROF N MOLLEMA
MS CP MUSEKA

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