CMY3706 – STUDY UNIT 4
KIDNAPPING IN SOUTH AFRICA
Exam-Ready Study Notes
1. LEARNING OUTCOMES
You should be able to:
1. Define kidnapping and related concepts.
2. Discuss the nature and extent of kidnapping.
3. Analyse the impact of kidnapping in South Africa.
4. Explain the crime method.
5. Discuss historical examples of kidnapping.
6. Discuss typologies of kidnappers.
7. Discuss the different types of kidnapping in South Africa.
2. WHAT IS KIDNAPPING?
Kidnapping is a complex and evolving crime.
It can differ according to:
• the motive of the offender;
• the victim;
• the method used;
• the ransom or demand;
• the duration of the captivity;
• the geographical location.
The study guide notes that kidnapping can create definitional difficulties because incidents can cross
jurisdictions and can overlap with other crimes.
3. DEFINITIONS – VERY IMPORTANT
3.1 South African common-law definition
,In South African common law, kidnapping consists of:
Unlawfully and intentionally depriving a person of his/her freedom of movement.
Where the victim is a child, it can also involve depriving the custodians of their control over the child.
SIMPLE VERSION
Kidnapping = intentionally and unlawfully taking away someone's freedom of movement.
4. BRITISH DEFINITION
British law views kidnapping as an attack on and infringement of an individual's personal liberty.
Four criteria are identified:
1. One person takes or carries away another person.
2. It is done by force or fraud.
3. It occurs without the person's consent.
4. There is no lawful excuse.
MEMORY AID
F-C-L-N
Force/fraud
Carry away
Lack of consent
No lawful excuse
5. SOUTH AFRICAN VS BRITISH LAW
South African common law British law
Unlawfully and intentionally depriving someone of
Attack/infringement of personal liberty
freedom of movement
Also recognises loss of custodial control over a child Specifies four criteria
Taking/carrying + force/fraud + no consent + no
Focuses strongly on unlawful deprivation of freedom
lawful excuse
EXAM TIP
For a 10-mark question, do not simply give one definition.
, Explain the important elements and then compare the two legal approaches.
6. KIDNAPPING FOR RANSOM
Kidnapping for ransom involves taking and holding a person in order to obtain some form of
concession.
The demand may involve:
• money;
• political objectives;
• social objectives;
• other specific actions.
The guide also identifies motives such as:
• debt recovery;
• propaganda;
• revenge;
• sexual purposes.
SIMPLE DEFINITION
A person is deprived of freedom and held until the offender's demand is met.
The hostage may be released once an agreement or payment has been reached.
7. EXTORTION
South African law defines extortion as unlawfully and intentionally obtaining an advantage from
another person by subjecting that person to pressure that causes them to hand over the advantage.
The advantage can be:
Patrimonial
Something involving:
• money;
• financial value;
• economic loss.
KIDNAPPING IN SOUTH AFRICA
Exam-Ready Study Notes
1. LEARNING OUTCOMES
You should be able to:
1. Define kidnapping and related concepts.
2. Discuss the nature and extent of kidnapping.
3. Analyse the impact of kidnapping in South Africa.
4. Explain the crime method.
5. Discuss historical examples of kidnapping.
6. Discuss typologies of kidnappers.
7. Discuss the different types of kidnapping in South Africa.
2. WHAT IS KIDNAPPING?
Kidnapping is a complex and evolving crime.
It can differ according to:
• the motive of the offender;
• the victim;
• the method used;
• the ransom or demand;
• the duration of the captivity;
• the geographical location.
The study guide notes that kidnapping can create definitional difficulties because incidents can cross
jurisdictions and can overlap with other crimes.
3. DEFINITIONS – VERY IMPORTANT
3.1 South African common-law definition
,In South African common law, kidnapping consists of:
Unlawfully and intentionally depriving a person of his/her freedom of movement.
Where the victim is a child, it can also involve depriving the custodians of their control over the child.
SIMPLE VERSION
Kidnapping = intentionally and unlawfully taking away someone's freedom of movement.
4. BRITISH DEFINITION
British law views kidnapping as an attack on and infringement of an individual's personal liberty.
Four criteria are identified:
1. One person takes or carries away another person.
2. It is done by force or fraud.
3. It occurs without the person's consent.
4. There is no lawful excuse.
MEMORY AID
F-C-L-N
Force/fraud
Carry away
Lack of consent
No lawful excuse
5. SOUTH AFRICAN VS BRITISH LAW
South African common law British law
Unlawfully and intentionally depriving someone of
Attack/infringement of personal liberty
freedom of movement
Also recognises loss of custodial control over a child Specifies four criteria
Taking/carrying + force/fraud + no consent + no
Focuses strongly on unlawful deprivation of freedom
lawful excuse
EXAM TIP
For a 10-mark question, do not simply give one definition.
, Explain the important elements and then compare the two legal approaches.
6. KIDNAPPING FOR RANSOM
Kidnapping for ransom involves taking and holding a person in order to obtain some form of
concession.
The demand may involve:
• money;
• political objectives;
• social objectives;
• other specific actions.
The guide also identifies motives such as:
• debt recovery;
• propaganda;
• revenge;
• sexual purposes.
SIMPLE DEFINITION
A person is deprived of freedom and held until the offender's demand is met.
The hostage may be released once an agreement or payment has been reached.
7. EXTORTION
South African law defines extortion as unlawfully and intentionally obtaining an advantage from
another person by subjecting that person to pressure that causes them to hand over the advantage.
The advantage can be:
Patrimonial
Something involving:
• money;
• financial value;
• economic loss.
