LPC201
ASSIGNMENT 1 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: 18 MARCH 2025
, LPC201
Assignment 1 2025
Unique Number:
Due Date: 18 March 2025
PRINCIPLES OF CRIMINAL LAW
Masiya v Director of Public Prosecutions and Others (2007) and the Principle of
Legality
Introduction
The principle of legality is one of the key pillars of criminal law. Simply put, it means that
no person should be punished for an act unless it is clearly defined as a crime by law.
This principle protects individuals from being unfairly prosecuted for actions that were
not considered crimes at the time they were committed. It also ensures that the
government and law enforcement follow the law themselves and do not have
unchecked power.
One major aspect of the principle of legality is foreseeability. This means that the law
should be clear and predictable so that people can understand what is legal and what is
illegal. If laws are vague or change unpredictably, it becomes unfair to punish someone
for breaking them.
A significant case that tested this principle is Masiya v Director of Public Prosecutions
and Others (2007). This case dealt with the question of whether the crime of rape
should be expanded to include the non-consensual anal penetration of a woman. The
Constitutional Court had to decide whether such an expansion of the law was
permissible under the principle of legality.
Using the FIRAC method—Facts, Issue, Rule, Application, and Conclusion—this
discussion will analyze the case and its impact on the principle of legality.
ASSIGNMENT 1 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: 18 MARCH 2025
, LPC201
Assignment 1 2025
Unique Number:
Due Date: 18 March 2025
PRINCIPLES OF CRIMINAL LAW
Masiya v Director of Public Prosecutions and Others (2007) and the Principle of
Legality
Introduction
The principle of legality is one of the key pillars of criminal law. Simply put, it means that
no person should be punished for an act unless it is clearly defined as a crime by law.
This principle protects individuals from being unfairly prosecuted for actions that were
not considered crimes at the time they were committed. It also ensures that the
government and law enforcement follow the law themselves and do not have
unchecked power.
One major aspect of the principle of legality is foreseeability. This means that the law
should be clear and predictable so that people can understand what is legal and what is
illegal. If laws are vague or change unpredictably, it becomes unfair to punish someone
for breaking them.
A significant case that tested this principle is Masiya v Director of Public Prosecutions
and Others (2007). This case dealt with the question of whether the crime of rape
should be expanded to include the non-consensual anal penetration of a woman. The
Constitutional Court had to decide whether such an expansion of the law was
permissible under the principle of legality.
Using the FIRAC method—Facts, Issue, Rule, Application, and Conclusion—this
discussion will analyze the case and its impact on the principle of legality.
