Chapter 1: Political Offences
• Politics
› It Derives from the Greek word politikos, meaning citizen.
› It is citizens in a society, subject to good, fair, and responsible government (Social).
› It controls of society and its citizens by ascribed authority (Government).
▪ e.g., Dictators = rule of use and abuse of power
• Exposition of the ideological points of view pertaining to the nature of political offences.
› It has Contradictory points of view about whether or not a phenomenon is a crime.
› E.g., Terrorism (Two perspectives to view terrorism)
1. From the perspective of victims (seen as crime)
▪ Because people are murdered and injured purposefully, public, or
private property is damaged or destroyed on purpose.
2. From the perspective of the offender (want freedom)
▪ “Freedom fighters” who have an ideological objective/beliefs
Reasons why ‘political offences’ is a complex concept to define
1) Diverse forms of emergence
› It has a diverse definition which includes
o Terrorism
o Assassinations, Hijacking
o Hostage taking, Torture, Uprisings
o High treason, Sabotage, The Enforcement of Admissions
o Detention without trial
o Kleptocracy (self-enrichment through bribery, theft, and fraud)
2) Focus of definitions
› Crimes against the state
o Sabotage, Political revolt, Coup and High Treason, Terrorism.
› Crimes by the state
o Kleptocracy, The banning of freedom of the press, Detention without trial
and assassinations of political opponents.
› Crimes against and by the state
3) Explicit ideologically founded definitions
› Any act that exploits/misuses people can be defined as crime.
› It sides with capitalist at the disadvantage/cost of poor people.
› The act can either be Intended or allowed blatantly.
o Intended
▪ Legislation against race, gender, religion, and sexual orientation
▪ Apartheid legislation against mixed marriages, work reservations
▪ Hitler’s anti- Semitism and genocide of the Jews in Nazi Germany
o Allowed blatantly
▪ Ignoring violence on the police
▪ Failure to enforce legislation against the environment
▪ Ignoring the safety of workers in industries and mines.
, ▪ Dumping of harmful waste in 3rd world countries by 1st world
countries or at refuse dumps and in remote areas.
4) The power to define
› Political ruler of the time has the power to define conduct as crime by legislation.
› Governments then have the authority to enforce their points of view on society.
▪ National Party ruled on Homosexuality during 1990-1994.
POLITICAL CRIME CLASSIFICATION SYSTEM
The typology of Internal interference (By government)
Roebeck and • Campaign against Mandela/Steve Biko during the apartheid era
Weber External interference (by the government)
• When one country interferes militarily with the political conflicts in another
country.
Intervention against a government
• Various liberation movements such as African National Congress (ANC).
Spying on civilians
• Bugging equipment in the offices of political opponents.
Evasion and conspiracy by the government
• Cover up of the circumstances in which Biko died.
Evasion and collusion or conspiracy against the government
• Evasions of military services.
Local confrontation.
• Repression of political gatherings by the opposition.
Ingraham’s Acts of treason
classification • that threatens the safety of the country in the face of an external enemy.
Defiance of the political authority and legitimacy of the government
• Actions that threaten the safety of political leaders and governments.
Obstruction of official function
• Acts that prevent officials from carrying out their tasks for the benefit of society.
• E.g., A secret anti-government defence force to act against government.
• E.g., Tax invasion – SARS rogue unit.
• Politics
› It Derives from the Greek word politikos, meaning citizen.
› It is citizens in a society, subject to good, fair, and responsible government (Social).
› It controls of society and its citizens by ascribed authority (Government).
▪ e.g., Dictators = rule of use and abuse of power
• Exposition of the ideological points of view pertaining to the nature of political offences.
› It has Contradictory points of view about whether or not a phenomenon is a crime.
› E.g., Terrorism (Two perspectives to view terrorism)
1. From the perspective of victims (seen as crime)
▪ Because people are murdered and injured purposefully, public, or
private property is damaged or destroyed on purpose.
2. From the perspective of the offender (want freedom)
▪ “Freedom fighters” who have an ideological objective/beliefs
Reasons why ‘political offences’ is a complex concept to define
1) Diverse forms of emergence
› It has a diverse definition which includes
o Terrorism
o Assassinations, Hijacking
o Hostage taking, Torture, Uprisings
o High treason, Sabotage, The Enforcement of Admissions
o Detention without trial
o Kleptocracy (self-enrichment through bribery, theft, and fraud)
2) Focus of definitions
› Crimes against the state
o Sabotage, Political revolt, Coup and High Treason, Terrorism.
› Crimes by the state
o Kleptocracy, The banning of freedom of the press, Detention without trial
and assassinations of political opponents.
› Crimes against and by the state
3) Explicit ideologically founded definitions
› Any act that exploits/misuses people can be defined as crime.
› It sides with capitalist at the disadvantage/cost of poor people.
› The act can either be Intended or allowed blatantly.
o Intended
▪ Legislation against race, gender, religion, and sexual orientation
▪ Apartheid legislation against mixed marriages, work reservations
▪ Hitler’s anti- Semitism and genocide of the Jews in Nazi Germany
o Allowed blatantly
▪ Ignoring violence on the police
▪ Failure to enforce legislation against the environment
▪ Ignoring the safety of workers in industries and mines.
, ▪ Dumping of harmful waste in 3rd world countries by 1st world
countries or at refuse dumps and in remote areas.
4) The power to define
› Political ruler of the time has the power to define conduct as crime by legislation.
› Governments then have the authority to enforce their points of view on society.
▪ National Party ruled on Homosexuality during 1990-1994.
POLITICAL CRIME CLASSIFICATION SYSTEM
The typology of Internal interference (By government)
Roebeck and • Campaign against Mandela/Steve Biko during the apartheid era
Weber External interference (by the government)
• When one country interferes militarily with the political conflicts in another
country.
Intervention against a government
• Various liberation movements such as African National Congress (ANC).
Spying on civilians
• Bugging equipment in the offices of political opponents.
Evasion and conspiracy by the government
• Cover up of the circumstances in which Biko died.
Evasion and collusion or conspiracy against the government
• Evasions of military services.
Local confrontation.
• Repression of political gatherings by the opposition.
Ingraham’s Acts of treason
classification • that threatens the safety of the country in the face of an external enemy.
Defiance of the political authority and legitimacy of the government
• Actions that threaten the safety of political leaders and governments.
Obstruction of official function
• Acts that prevent officials from carrying out their tasks for the benefit of society.
• E.g., A secret anti-government defence force to act against government.
• E.g., Tax invasion – SARS rogue unit.