1.

TREASON (HIGH TREASON)

Jurisdiction
Treason can be committed inside or outside the country

Punishment
Used to be death penalty under s.277(1)(b) of the CPA is now in courts discretion see Burchell S v Makwanyane (1995 (3) SA 391 (CC)
at par 149 per Chaskalson P and per Kriegler J

S v De Freitas 1997 (2) SA 204 (C)

s.277 of CPA was repealed by s.35 of Criminal Law Amend. Act 105 of 1997 & amended by the Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004

SEDITION
Definition: Sedition consists in unlawfully gathering, together with a number of people, with the intention of impairing the authority of the state by defying or subverting the authority of its government, or the unlawful and intentional causing of such a gathering with such purpose, but without the intention of overthrowing or coercing that government.

Differences: Treason & Sedition

Treason requires hostile intent sedition only requires intention to defy or challenge authority of State Treason can be committed by one person/many people sedition can only be committed by a group, acting together Treason only committed by person who owes allegiance to Republic not required for sedition

Elements of the crime:

1. 2. 3. 4. 5. Gathering / causing a gathering Violence / threats of violence Challenging / impairing State authority Unlawfulness Intention

Gathering
Must be gathering/concourse of people Must be a number of people (more than two according to Burchell and Snyman) Must be violence or threats of violence need not be riotous Incitement, instigation and/or arranging with others to form gathering = sedition, even if person is not at gathering itself

 If gathering does not materialise, could = incitement or conspiracy to commit sedition Can occur in public or private place

Violence / threats of violence

S v Mayekiso: referred to S v Twala & S v Zwane & others both concluded that violence not a necessary element Snyman disagrees

Challenge/ Impair State Authority

Purpose must be to resist, defy or challenge authority of the State State must have majestis

Unlawful
Purpose of gathering determines unlawfulness Participation in gathering must be unlawful, as well as gathering itself

Intention
Must be shared by those at gathering Does not need to be present when gathering is initially planned S v Mayekiso: competent verdict on charge of treason

PUBLIC VIOLENCE
DEFINITION Public violence consists in the unlawful and intentional commission, together with a number of people, acting in concert, of an act or acts which assume serious dimensions and which are intended forcibly to disturb public peace and tranquillity or to invade the rights of others.

Differences: Sedition & Public Violence

Sedition aimed at authority of State Public Violence aimed at disturbing public peace and tranquility

Elements: Act
Participants must act in concert, with common purpose Public/private Armed/unarmed

Number of People
Cannot be committed by single person acting on their own No. requirement uncertain

Serious Dimensions
Violence not to be confused with force Variety of factors: time, locality, duration, cause, status of persons, ending, participants armed, assaults/damage to property.

Unlawful
Act of group and participation of individual in group must be unlawful Accused must have been a participant Element of violence and interference with rights of others = essence of enquiry

Intention
Participation of individual must be intentional Group must act in concert with common purpose No premeditation required

S v Le Roux 2010 (2) SACR 11 (SCA)

Interests Protected:
Treason: the existence, independence & safety of the state
Sedition: the authority of the state

Public Violence: public peace & tranquillity

CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

1. DEFEATING or OBSTRUCTING THE COURSE OF JUSTICE

Definition: Unlawfully and intentionally engaging in conduct which defeats or obstructs the course or administration of justice.

Elements of the crime:

1.Defeating or Obstructing (conduct) 2.the Course or Administration of Justice 3.Unlawfully and 4.Intentionally

Defeating or Obstructing?
Causing an innocent person to be convicted coercing a complainant into withdrawing a charge inducing a witness to give false evidence in exchange for money to abscond (and therefore not appear at trial) giving false information to the police improperly influencing party to a civil case stealing evidence during a trial unlawfully soliciting a prosecutor not to prosecute unlawfully releasing a prisoner

Elements of the crime:

1.Defeating or Obstructing (conduct)
S v Binta 1993 (2) SACR 553 (C)

2.the Course or Administration of Justice

S v Bazzard 1992 (1) SACR 302 (NC) Snyman: Laying a False Criminal Charge (S v Sauerman 1978 (3) SA 761 AD)

3.Unlawfully and 4.Intentionally

ATTEMPT
S v Cassimjee 1989 (3) SA 729 (N) Clarke: Attempting to Defeat the Ends of Justice (S v Mene & another 1988 (3) Sa 641 (A)).

Journal Articles:
Snyman: Laying a false criminal charge Clarke: Attempting to defeat the ends of justice Devenish: Defeating the ends of justice (S v Perera 1978 (3) SA 523 (T).