Criminal Law: Specific Offences
CRW 2602
University of South Africa
2nd Year Law Module
,Learning Unit 1: Crimes Against the State
Crimes against the state:
• The most important example of this is high treason (an attempt to overthrow the government when you
should have allegiance to the government) or sedition (inciting people to try and over rebel against the
government)
• Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004 is the most
authoritative form of legislation regarding this crime
• This act stops terror and protects the civilians
• A terrorist action occurs when one uses violence in public places to endanger the life of the general public
and doing so causes damage to any property
• Their
• S v Okrah, the accused, a Nigerian, citizen who eld a militant group, MEND masterminding bombing and
violated section 15(2)
The elements of the crime: Terrorism
• The Act
• Unlawfulness
• Specific Intention
▪ First component
• Threaten the unity of the republic
• Intimidate the feelings of security in the republic
• Force the government to bend to the will of the terrorist
▪ Second component
• It must be indirect/direct intention or dolus eventualis
The elements of the crime: Public Violence
Public violence occurs with the intention and unlawful performance of an act which is aimed at disturbing public
peace or aims to infringe on the rights of another person
• The act
• Performed by more than one person (joint action)
• The effects of which are serious
• The act is unlawful
• And is performed with the intention to disrupt public peace (cannot be negligent)
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,Examples of public violence
• Faction fights (Xybele)
• Joint resistance to police action by a group of persons (Samaai)
• Rioting (DIngiswaya)
• Violent coercion of other workers by a group of strikers (Cele)
• Disrupting and taking over a meeting by a game (Claasens)
Factors that influence the seriousness of violent act
• The number of persons involved in the act
• The time
• The location
• The length of time that took place
• The status of the participants
• Whether the participants had weapons
• Whether the property or people involved were injure
• The way that the disturbance dies down
In the Mel case it was found that placing stones in a place where people assemble is not an act of violence and
throwing a stone at a police car is not an act of public violence.
2|Page
, Study Unit 2: Crimes Against Administrative Justice
Perjury at Common Law
This is the act of intentionally and unlawful act of lying while under oath in a legal proceeding.
Definitional elements
Making a false declaration while under oath, or an equivalent to an oath in the course of a legal proceeding and
doing so intentionally(can be dolus eventualis, but not negligence) and unlawfully.
The requirements for a false declaration
1. The statement must be objectively false.
2. The declaration must oral or made in writing.
3. The statement must be made tacitly or expressly. If a statement is implied hen the courts rely on innuendo.
In Vallabh it was decided that if the courts relies on an innuendo then the evidence it’s based on must have
appeared in the courts.
Two ways to tell the truth under oath
1. Follow the oath and swear to tell the truth under oath
2. It is possible to solemnly confirm that your words are the truth
In the course of a legal proceeding
• False extrajudicial statements can be punished, but not at common law perjury
• False statements made before the proceedings do not fall under this crime
• In Beukman it was decided that perjury can be committed by making a declaration outside of the court or
before a case has begun granted that:
o The statement can be used as evidence in the trial
o The maker of the statement foresees the possibility that the statement could be used
• Making a false affidavit can also be considered a part of common law perjury
Statutory Perjury
The unlawful and intentional naming of two conflicting statements on two different instance, both under oaths.
Elements of the crime
The making of TWO conflicting declarations which were made on different instances (two different oaths) in an
unlawful and intentional manner.
The content of section
• Section 319(3) of the Criminal Procedure Act 56 of 1955
• This crime was created to deal with people who escape perjury at common law
3|Page
CRW 2602
University of South Africa
2nd Year Law Module
,Learning Unit 1: Crimes Against the State
Crimes against the state:
• The most important example of this is high treason (an attempt to overthrow the government when you
should have allegiance to the government) or sedition (inciting people to try and over rebel against the
government)
• Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004 is the most
authoritative form of legislation regarding this crime
• This act stops terror and protects the civilians
• A terrorist action occurs when one uses violence in public places to endanger the life of the general public
and doing so causes damage to any property
• Their
• S v Okrah, the accused, a Nigerian, citizen who eld a militant group, MEND masterminding bombing and
violated section 15(2)
The elements of the crime: Terrorism
• The Act
• Unlawfulness
• Specific Intention
▪ First component
• Threaten the unity of the republic
• Intimidate the feelings of security in the republic
• Force the government to bend to the will of the terrorist
▪ Second component
• It must be indirect/direct intention or dolus eventualis
The elements of the crime: Public Violence
Public violence occurs with the intention and unlawful performance of an act which is aimed at disturbing public
peace or aims to infringe on the rights of another person
• The act
• Performed by more than one person (joint action)
• The effects of which are serious
• The act is unlawful
• And is performed with the intention to disrupt public peace (cannot be negligent)
1|Page
,Examples of public violence
• Faction fights (Xybele)
• Joint resistance to police action by a group of persons (Samaai)
• Rioting (DIngiswaya)
• Violent coercion of other workers by a group of strikers (Cele)
• Disrupting and taking over a meeting by a game (Claasens)
Factors that influence the seriousness of violent act
• The number of persons involved in the act
• The time
• The location
• The length of time that took place
• The status of the participants
• Whether the participants had weapons
• Whether the property or people involved were injure
• The way that the disturbance dies down
In the Mel case it was found that placing stones in a place where people assemble is not an act of violence and
throwing a stone at a police car is not an act of public violence.
2|Page
, Study Unit 2: Crimes Against Administrative Justice
Perjury at Common Law
This is the act of intentionally and unlawful act of lying while under oath in a legal proceeding.
Definitional elements
Making a false declaration while under oath, or an equivalent to an oath in the course of a legal proceeding and
doing so intentionally(can be dolus eventualis, but not negligence) and unlawfully.
The requirements for a false declaration
1. The statement must be objectively false.
2. The declaration must oral or made in writing.
3. The statement must be made tacitly or expressly. If a statement is implied hen the courts rely on innuendo.
In Vallabh it was decided that if the courts relies on an innuendo then the evidence it’s based on must have
appeared in the courts.
Two ways to tell the truth under oath
1. Follow the oath and swear to tell the truth under oath
2. It is possible to solemnly confirm that your words are the truth
In the course of a legal proceeding
• False extrajudicial statements can be punished, but not at common law perjury
• False statements made before the proceedings do not fall under this crime
• In Beukman it was decided that perjury can be committed by making a declaration outside of the court or
before a case has begun granted that:
o The statement can be used as evidence in the trial
o The maker of the statement foresees the possibility that the statement could be used
• Making a false affidavit can also be considered a part of common law perjury
Statutory Perjury
The unlawful and intentional naming of two conflicting statements on two different instance, both under oaths.
Elements of the crime
The making of TWO conflicting declarations which were made on different instances (two different oaths) in an
unlawful and intentional manner.
The content of section
• Section 319(3) of the Criminal Procedure Act 56 of 1955
• This crime was created to deal with people who escape perjury at common law
3|Page
