LJU4801 ASSIGNMENT 1 SEMESTER 2 2022
EXCEL TUTORS
, QUESTION 1
Read the case of S v Tshabalala. Briefly summarize the case.
On 20 September 1998, a group of men, including Tshabalala and Ntuli, went on the
rampage in the township of Tembisa in Gauteng. 1 During this time, the men, forced
their way into numerous homes which were located on nine separate plots in a
community. Once forceful entry was gained, the men ransacked, looted and, in one
case, stabbed one of the occupants.2
The violent acts included the rape of eight female occupants, some of whom were
repeatedly raped, by several members of this group. 2 The youngest victim of these
crimes was 14 years old and another victim was a woman who was visibly pregnant;
this did not deter the group from committing these crimes.
On 13 August 1999, this matter was brought before the High Court on a charge of
commonlaw rape mainly based on the common-purpose doctrine.
Some of the Legal Issues raised was; does the doctrine of common purpose apply to the
common law sexual crime of rape and is there a distinction between the common law
crime of Rape and any other common law crime where the doctrine applies?
Mr Tshabalala and his other co-accused were found guilty of eight counts of rape,
seven of which were imposed on the basis of the application of the doctrine of
common purpose3.
1 Tshabalala v S; Ntuli v S supra par 5. 2
Ibid.
2 Tshabalala v S; Ntuli v S supra par 6.
3 Tshabalala v S; Ntuli v S supra par 8.
EXCEL TUTORS
, QUESTION 1
Read the case of S v Tshabalala. Briefly summarize the case.
On 20 September 1998, a group of men, including Tshabalala and Ntuli, went on the
rampage in the township of Tembisa in Gauteng. 1 During this time, the men, forced
their way into numerous homes which were located on nine separate plots in a
community. Once forceful entry was gained, the men ransacked, looted and, in one
case, stabbed one of the occupants.2
The violent acts included the rape of eight female occupants, some of whom were
repeatedly raped, by several members of this group. 2 The youngest victim of these
crimes was 14 years old and another victim was a woman who was visibly pregnant;
this did not deter the group from committing these crimes.
On 13 August 1999, this matter was brought before the High Court on a charge of
commonlaw rape mainly based on the common-purpose doctrine.
Some of the Legal Issues raised was; does the doctrine of common purpose apply to the
common law sexual crime of rape and is there a distinction between the common law
crime of Rape and any other common law crime where the doctrine applies?
Mr Tshabalala and his other co-accused were found guilty of eight counts of rape,
seven of which were imposed on the basis of the application of the doctrine of
common purpose3.
1 Tshabalala v S; Ntuli v S supra par 5. 2
Ibid.
2 Tshabalala v S; Ntuli v S supra par 6.
3 Tshabalala v S; Ntuli v S supra par 8.
