LEARNING UNIT 1: General Elements & African Heritage
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1. Constitution & Customary Law
● Sections 211 & 212 recognise customary law as a source of law.
● Courts must apply customary law where applicable.
2. Traditional Courts Bill (not yet law)
● Would give traditional courts limited criminal jurisdiction.
● Currently no criminal jurisdiction if SAPS investigates.
● Victims can choose a traditional court instead of the police.
3. Living Law
● Customary law is not static – changes with society
● Some ethnic groups focus on restorative justice, not punishment.
4. General Elements of a Crime (must know for exam)
4.1 Legality
● Conduct must be a crime at the time it was committed
4.2 Conduct
● Act or omission (where legal duty exists)
4.3 Unlawfulness
● Against society’s legal convictions (boni mores); no ground of justification
4.4 Culpability
● Intention (dolus) or negligence (culpa)
⚠️ Intention and negligence are mutually exclusive – you cannot have both.
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LEARNING UNIT 2: Participants in a Crime
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1.Key Definitions (memorise)
1.1 Perpetrator
● person whose conduct, circumstances, and culpability satisfy all requirements of the
crime definition, OR acts of another are imputed to them via common purpose.
1.2 Accomplice
● does not meet definition of crime, and not imputed via common purpose, but
intentionally furthers commission of crime by another.
2. Distinction
● Perpetrator = main actor / indirect actor / common purpose.
● Accomplice = helper, advisor, encourager.
3. Common Purpose of Doctrine
● If two or more people have a common purpose to commit a crime, acts of each are
imputed to others.
● Used mainly in murder cases where causation is hard to prove.
4.Active association (Mgedezi case) – all 5 required:
4.1. Present at scene
4.2. Aware of assault
4.3. Intended to make common cause
4.4. Performed some act of association
4.5. Intended to kill or contribute to death
5.Joiner-in (Motaung case)
● Person who joins after lethal wound inflicted, but victim still alive.
● Cannot be convicted of murder – only attempted murder (if no causal contribution).
,6. Accessory after the fact
● A person who, after crime is completed unlawfully and intentionally helps the perpetrator
evade liability.
Example:
● Helping dispose of a body = Not a participant (does not further the crime).
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LEARNING UNIT 3: Attempt, Conspiracy, Incitement
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1.Four types of attempts
1.1. Completed attempt
● Did everything, but crime was not completed (e.g., missed shot).
1.2. Interrupted attempt
● Stopped before completion (e.g., caught pouring petrol).
1.3. Attempt to commit impossible
● Used harmless substance, believed it was poison (subjective test – Davies case).
1.4. Voluntary withdrawal
● No defence if acts have already reached the execution stage (Hlatwayo case).
Test for attempt: acts must be more than mere preparation – must be acts of execution.
2.Conspiracy & Incitement
● Punishable under section 18(2) of Act 17 of 1956.
● Conspiracy = agreement to commit crime.
● Incitement = persuading another to commit crime (even if they refuse).
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, LEARNING UNIT 4: Crimes Against the State – Terrorism
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1.Definition
Protection of Constitutional Democracy Against Terrorism Act 33 of 2004
● Very broad , includes violence, release of harmful substances, endangering life,
damaging property, disrupting services, economic destabilisation.
2. Intention required (two components):
2.1. Threaten unity, intimidate the public, compel government to act/refrain.
2.2. Advance political, religious, ideological, or philosophical motives.
3. Dolus eventualis sufficient.
Example
● Setting fire to homes of immigrants to force the government to deport them = terrorism.
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LEARNING UNIT 5: Crimes Against Administration of Justice
© Pebetsi Study Hub
1.Perjury (Common law)
● False declaration under oath in the course of legal proceedings.
For example:
● Must be objectively false.
● Extrajudicial statements ≠ perjury (but may be statutory perjury).
2. Defeating / Obstructing course of justice
● Any act that defeats or obstructs justice – e.g., intimidating witness, hiding evidence.
● No pending case required.
© Pebetsi Study Hub
1. Constitution & Customary Law
● Sections 211 & 212 recognise customary law as a source of law.
● Courts must apply customary law where applicable.
2. Traditional Courts Bill (not yet law)
● Would give traditional courts limited criminal jurisdiction.
● Currently no criminal jurisdiction if SAPS investigates.
● Victims can choose a traditional court instead of the police.
3. Living Law
● Customary law is not static – changes with society
● Some ethnic groups focus on restorative justice, not punishment.
4. General Elements of a Crime (must know for exam)
4.1 Legality
● Conduct must be a crime at the time it was committed
4.2 Conduct
● Act or omission (where legal duty exists)
4.3 Unlawfulness
● Against society’s legal convictions (boni mores); no ground of justification
4.4 Culpability
● Intention (dolus) or negligence (culpa)
⚠️ Intention and negligence are mutually exclusive – you cannot have both.
,---
LEARNING UNIT 2: Participants in a Crime
© Pebetsi Study Hub
1.Key Definitions (memorise)
1.1 Perpetrator
● person whose conduct, circumstances, and culpability satisfy all requirements of the
crime definition, OR acts of another are imputed to them via common purpose.
1.2 Accomplice
● does not meet definition of crime, and not imputed via common purpose, but
intentionally furthers commission of crime by another.
2. Distinction
● Perpetrator = main actor / indirect actor / common purpose.
● Accomplice = helper, advisor, encourager.
3. Common Purpose of Doctrine
● If two or more people have a common purpose to commit a crime, acts of each are
imputed to others.
● Used mainly in murder cases where causation is hard to prove.
4.Active association (Mgedezi case) – all 5 required:
4.1. Present at scene
4.2. Aware of assault
4.3. Intended to make common cause
4.4. Performed some act of association
4.5. Intended to kill or contribute to death
5.Joiner-in (Motaung case)
● Person who joins after lethal wound inflicted, but victim still alive.
● Cannot be convicted of murder – only attempted murder (if no causal contribution).
,6. Accessory after the fact
● A person who, after crime is completed unlawfully and intentionally helps the perpetrator
evade liability.
Example:
● Helping dispose of a body = Not a participant (does not further the crime).
—
LEARNING UNIT 3: Attempt, Conspiracy, Incitement
© Pebetsi Study Hub
1.Four types of attempts
1.1. Completed attempt
● Did everything, but crime was not completed (e.g., missed shot).
1.2. Interrupted attempt
● Stopped before completion (e.g., caught pouring petrol).
1.3. Attempt to commit impossible
● Used harmless substance, believed it was poison (subjective test – Davies case).
1.4. Voluntary withdrawal
● No defence if acts have already reached the execution stage (Hlatwayo case).
Test for attempt: acts must be more than mere preparation – must be acts of execution.
2.Conspiracy & Incitement
● Punishable under section 18(2) of Act 17 of 1956.
● Conspiracy = agreement to commit crime.
● Incitement = persuading another to commit crime (even if they refuse).
---
, LEARNING UNIT 4: Crimes Against the State – Terrorism
© Pebetsi Study Hub
1.Definition
Protection of Constitutional Democracy Against Terrorism Act 33 of 2004
● Very broad , includes violence, release of harmful substances, endangering life,
damaging property, disrupting services, economic destabilisation.
2. Intention required (two components):
2.1. Threaten unity, intimidate the public, compel government to act/refrain.
2.2. Advance political, religious, ideological, or philosophical motives.
3. Dolus eventualis sufficient.
Example
● Setting fire to homes of immigrants to force the government to deport them = terrorism.
—
LEARNING UNIT 5: Crimes Against Administration of Justice
© Pebetsi Study Hub
1.Perjury (Common law)
● False declaration under oath in the course of legal proceedings.
For example:
● Must be objectively false.
● Extrajudicial statements ≠ perjury (but may be statutory perjury).
2. Defeating / Obstructing course of justice
● Any act that defeats or obstructs justice – e.g., intimidating witness, hiding evidence.
● No pending case required.
