CRW2601 Notes and summary

Loto Legal Academy CC



STUDY UNIT 1
CRIMES AGAINST THE STATE



1. Crimes against the state:

 Most NB in common-law: high treason, sedition, public violence;
 Various statutory crimes: terrorism, sabotage.

Terrorism

 Various types of conduct are prohibited, for example, the use of violence;
conduct that endangers the life or physical integrity of any person; conduct
causing substantial damage to property; major economic loss or destabilisation
of an economic system or, even an act that is merely calculated to cause serious
interference with essential services or systems.
 The conduct may be committed inside or outside the Republic.
 The acts must be unlawful and performed with a defined intention.
 The state must prove two components of the intention: The intention to:
o First component
 threaten the unity and territorial integrity of the Republic; or
intimidate or cause feelings of insecurity within the public with
regard to its security, including its economic security; or
 intimidate or compel a government or the public or an
organisation to do or refrain from doing an act; and
o Second component
 the prohibited acts must be committed with the purpose of
advancement of an individual or collective political, religious,
ideological or philosophical motive, objective, cause or
undertaking.

 Public Violence
Public violence is the unlawful and intentional performance of an act or acts
by a number of persons, which assumes serious proportions and is intended
to disturb the public peace and order by violent means, or to infringe the
rights of another.

 Elements of the crime:
 act;
 performed by a number of persons;
 which assumes serious proportions;
 which is unlawful; and
 intentional (to disturb public peace and order by violent means or
to infringe the rights of others)

 Object protected:
 public peace and order (Salie)




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 Joint action required:
 cannot be committee by a single individual;
 a number of persons must act:-
 can the “number of persons” required, be specified?
- “Terblance”: 5 persons sufficient;
- “Mcunu, Salie, Nxumalo: 6, 8, 10 persons insufficient.
 Thus, how many person required, will depend on the
circumstances of each case.
 Factors that can influence the “number of persons” required can
be e.g. the seriousness of the threat to peace and order.

 The persons must act with common purpose:
- if one can prove that persons acted with common purpose
with others to disturb public peace and order, there is
then no need to prove exactly which act was committed
by which participant:- (Wilkens; Lekoatla);

 Can be committed in a PUBLIC or PRIVATE place;

 Participants need NOT be armed;

 Acts must be violent or there must be a threat of violence;

 NB!! The crime is committed EVEN IF NO ACTUAL DISTURBANCE
OF PEACE AND ORDER, OR ACTUAL INFRINGEMENT OF RIGHTS
OCCUR.

 Examples of conduct which qualifies:
 faction fights, joint resistance to police action, rioting, violent
coercion of other workers by a group of strikers, disrupting and
taking over a meeting by a gang.

 Serious proportions:
 Public violence must be distinguished from mere rowdy
behaviour;
 Public violence is serious because it threatens the safety of
persons not involved in the disturbance;
 Various factors will have to be considered to determine
seriousness:

- Number of persons - Status of participants
- Time - Armed with weapons/not
- Place - Injury/damage caused
- Duration of disturbance - Way in which the situation is
settled
- Cause of disturbance

 “Mei”: merely placing stones in the road, where people assemble,
does not amount to public violence.
 Individual throwing a stone at a police vehicle does not amount to
public violence.



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 Unlawfulness: there must be no grounds for justification present, e.g.
 compulsion (Samuel)
 self –defence (Mathlala)

 Intention:
 individual must be aware of nature and purpose of the action of
the group;
 participation must be intentional (Aaron);
 common purpose must exist between individuals.




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STUDY UNIT 2
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE



1. Common law perjury:

Perjury at common law consists in the unlawful, intentional making of a false
declaration under oath (or in a form allowed by law to be substituted for an oath) in
the course of a legal proceeding.

 Elements of the crime:
- making a declaration;
- which is false;
- under oath/form equivalent to an oath;
- in the course of legal proceedings;
- in an unlawful; and
- intentional manner.

 False declaration:
 must be objectively false;
 oral or written declaration (i.e. affidavit)
 the false information may be given expressly or impliedly:
- implied falsehood: prosecution relies on innuendo;
- the implication relied on must be a necessary implication;
- the implication relied on must be based on evidence led at the
trial itself (not extra-judicial declarations) (Matakane)

 Under Oath:
 There are three ways in which a witness can undertake to tell the
truth:
(i) taking an oath (swearing);
(ii) solemnly confirms that his evidence will be the truth;
(iii) Young children are merely warned to speak the truth.

 Only a declaration under oath can form the basis of perjury;
 This means that a legal representative cannot commit perjury in the
course of argument to court;
 Prejury will only be committed if the person who administers the
oath was authorised to do so.

 In the course of legal proceedings
 to be punishable as common law perjury, the false declaration must
be made “in the course of legal proceedings”;
 Can be either criminal or civil case;
 A false declaration made outside the court may be punishable if:
- the declaration is admissable at the subsequent trial;
- the maker foresees the possibility that declaration may be
used at the subsequent trial.
 Thus, a false affidavit in respect of motion court proceedings
amounts to common law perjury.


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