CPR3701 ASSIGNMENT 1 2026
DUE 31 AUGUST 2026
1(a) Whether the alleged offences fall under the category of offences which may
be adjudicated upon by a South African court
Yes, South African courts may adjudicate upon the offences committed by X in
Zamunda. The general principle is that South African courts only exercise jurisdiction
over offences committed on South African territory. However, there are well-established
exceptions to this rule.
(Joubert et al, Criminal Procedure Handbook, 13th ed, p 42)
Section 4(3) of the Implementation of the Rome Statute of the International Criminal
Court Act 27 of 2002 provides that any person committing genocide, war crimes and
crimes against humanity is deemed to have committed the offence in the Republic if
they are a South African citizen or permanent resident, or are present on South African
territory after the commission of the offence
Criminal Procedure Act (s 110A) provides that if a South African citizen commits an
offence outside the Republic and cannot be prosecuted in that country due to immunity,
South African courts shall have jurisdiction
(Joubert et al, Criminal Procedure Handbook, 13th ed, p 44).
International customary law relating to war crimes, crimes against humanity and torture,
and South African jurisprudence, recognise other methods of asserting jurisdiction
beyond territoriality (Basson 2007 (3) SA 582 (CC) at [223]-[235]).
, The mass execution of over 200 civilians constitutes crimes against humanity. X is a
South African citizen. South African courts therefore have jurisdiction to try him.
1(b) The authority which confers jurisdiction in respect of the alleged offences
The following authorities confer jurisdiction:
Implementation of the Rome Statute Act 27 of 2002 (s 4(3)): Primary authority
provides jurisdiction over South African citizens for genocide, crimes against humanity
and war crimes committed abroad. Written authorisation from the National Director of
Public Prosecutions is required before prosecution may be instituted (Joubert et al,
Criminal Procedure Handbook, 13th ed, p 43).
Criminal Procedure Act 51 of 1977 (s 110A): Provides jurisdiction where a South
African citizen commits an offence abroad and cannot be prosecuted there due to
diplomatic or other immunities (Joubert et al, Criminal Procedure Handbook, 13th ed,
p 44).
Criminal Procedure Act 51 of 1977 (s 18(g)): Stipulating that crimes against humanity
have no prescription period, the legislature confirms that these are matters of grave
public concern that South African courts must be able to address (Joubert et al,
Criminal Procedure Handbook, 13th ed, p 79-80).
International customary law: Recognises universal jurisdiction for the most serious
international crimes (Joubert et al, Criminal Procedure Handbook, 13th ed, p 44).
The Constitution (s 179): Empowers the prosecuting authority to institute criminal
proceedings on behalf of the state. The duty to prosecute these serious crimes is part
of the state's obligation under s 7(2) to "respect, protect, promote and fulfil the rights in
the Bill of Rights."
DUE 31 AUGUST 2026
1(a) Whether the alleged offences fall under the category of offences which may
be adjudicated upon by a South African court
Yes, South African courts may adjudicate upon the offences committed by X in
Zamunda. The general principle is that South African courts only exercise jurisdiction
over offences committed on South African territory. However, there are well-established
exceptions to this rule.
(Joubert et al, Criminal Procedure Handbook, 13th ed, p 42)
Section 4(3) of the Implementation of the Rome Statute of the International Criminal
Court Act 27 of 2002 provides that any person committing genocide, war crimes and
crimes against humanity is deemed to have committed the offence in the Republic if
they are a South African citizen or permanent resident, or are present on South African
territory after the commission of the offence
Criminal Procedure Act (s 110A) provides that if a South African citizen commits an
offence outside the Republic and cannot be prosecuted in that country due to immunity,
South African courts shall have jurisdiction
(Joubert et al, Criminal Procedure Handbook, 13th ed, p 44).
International customary law relating to war crimes, crimes against humanity and torture,
and South African jurisprudence, recognise other methods of asserting jurisdiction
beyond territoriality (Basson 2007 (3) SA 582 (CC) at [223]-[235]).
, The mass execution of over 200 civilians constitutes crimes against humanity. X is a
South African citizen. South African courts therefore have jurisdiction to try him.
1(b) The authority which confers jurisdiction in respect of the alleged offences
The following authorities confer jurisdiction:
Implementation of the Rome Statute Act 27 of 2002 (s 4(3)): Primary authority
provides jurisdiction over South African citizens for genocide, crimes against humanity
and war crimes committed abroad. Written authorisation from the National Director of
Public Prosecutions is required before prosecution may be instituted (Joubert et al,
Criminal Procedure Handbook, 13th ed, p 43).
Criminal Procedure Act 51 of 1977 (s 110A): Provides jurisdiction where a South
African citizen commits an offence abroad and cannot be prosecuted there due to
diplomatic or other immunities (Joubert et al, Criminal Procedure Handbook, 13th ed,
p 44).
Criminal Procedure Act 51 of 1977 (s 18(g)): Stipulating that crimes against humanity
have no prescription period, the legislature confirms that these are matters of grave
public concern that South African courts must be able to address (Joubert et al,
Criminal Procedure Handbook, 13th ed, p 79-80).
International customary law: Recognises universal jurisdiction for the most serious
international crimes (Joubert et al, Criminal Procedure Handbook, 13th ed, p 44).
The Constitution (s 179): Empowers the prosecuting authority to institute criminal
proceedings on behalf of the state. The duty to prosecute these serious crimes is part
of the state's obligation under s 7(2) to "respect, protect, promote and fulfil the rights in
the Bill of Rights."
