PERJURY AND RELATED
CRIMES
Making a false statement under oath or
affirmation in the course of a judicial
proceeding is a crime under South
African common law. The common law is
supplemented by a statutory crime,
namely making conflicting statements
under different oaths (contravention of
S319 (3) Act 56 of 1955). It is also a
crime to make a false statement in an
affidavit.
The rationale for the criminalisation of
these offences is that witnesses should
always tell the truth and nothing but the
truth in courts or in affidavits. Without
this the system will not be able to
function effectively and with integrity.
Elements (a) making of a declaration
(b) which is false (c) under oath or in a
form equivalent to an oath (d) in the
course of judicial proceeding (e)
unlawfulness (f) intention
, Common law
perjury
This crime consists in the unlawful
and international making of a false
statement in the course of a
judicial proceeding by a person
who has taken the oath or made an
affirmation before, or who has been
admonition by, somebody
competent to administer or accept
the oath.
• False statements: means
verbal or in writing in a form
of an affidavit. Although the
point has not been
authoritavely decided in South
Africa, it seems that the
statement must be
‘objectively false’.
This means that a witness who
intends (subjectively) to tell lie in
CRIMES
Making a false statement under oath or
affirmation in the course of a judicial
proceeding is a crime under South
African common law. The common law is
supplemented by a statutory crime,
namely making conflicting statements
under different oaths (contravention of
S319 (3) Act 56 of 1955). It is also a
crime to make a false statement in an
affidavit.
The rationale for the criminalisation of
these offences is that witnesses should
always tell the truth and nothing but the
truth in courts or in affidavits. Without
this the system will not be able to
function effectively and with integrity.
Elements (a) making of a declaration
(b) which is false (c) under oath or in a
form equivalent to an oath (d) in the
course of judicial proceeding (e)
unlawfulness (f) intention
, Common law
perjury
This crime consists in the unlawful
and international making of a false
statement in the course of a
judicial proceeding by a person
who has taken the oath or made an
affirmation before, or who has been
admonition by, somebody
competent to administer or accept
the oath.
• False statements: means
verbal or in writing in a form
of an affidavit. Although the
point has not been
authoritavely decided in South
Africa, it seems that the
statement must be
‘objectively false’.
This means that a witness who
intends (subjectively) to tell lie in
