CPR3701
ASSIGNMENT 1
DUE DATE: 31 AUGUST 2026
, 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]).
ASSIGNMENT 1
DUE DATE: 31 AUGUST 2026
, 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]).
