CPR3701 Assignment 1 Semester 2 ||(ANSWERS AND GUIDELINES)|Due Date 31 August 2026

, CPR3701 ASSIGNMENT 1 SEMESTER 2 2026

DUE DATE: 31 AUGUST 2026


1. Whether X may be charged by a South African court


(a) Whether the alleged offences may be adjudicated upon by a South African
court


The general principle of South African criminal jurisdiction is that courts ordinarily

exercise jurisdiction over offences committed within the territory of South Africa. This

territorial principle is subject to exceptions where legislation confers jurisdiction over

conduct committed outside the Republic.1 In S v Basson, the Constitutional Court

recognised that South African courts may exercise jurisdiction over offences committed

outside South Africa where a proper legal basis for such jurisdiction exists.2


The alleged conduct of X falls within the scope of the Regulation of Foreign Military

Assistance Act 15 of 1998 (“RFMA Act”). The Act regulates the provision of foreign

military assistance and mercenary activities by South African citizens and permanent

residents.3 Foreign military assistance includes military or military-related services and

security services provided in connection with armed conflict.4 X is alleged to have

provided mercenary services in assisting an attempted coup against the democratically

elected government of Zamunda. His alleged conduct may accordingly constitute an

offence under the RFMA Act.


Section 2 of the RFMA Act prohibits mercenary activity and applies to conduct occurring

within South Africa or elsewhere.5 Section 3 prohibits a person from offering or

1
S v Basson 2007 (3) SA 582 (CC) para 223.
2
Ibid.
3
Regulation of Foreign Military Assistance Act 15 of 1998.
4
Regulation of Foreign Military Assistance Act 15 of 1998 s 1.
5
Regulation of Foreign Military Assistance Act 15 of 1998 s 2.