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NICOLE GOVENDER

57897891

CRW2602-703370

Criminal Law: General Principles (CRW2602) By NICOLE GOVENDER (57897891)

Submitted in partial fulfilment of the requirements for the degree LLB In the SCHOOL OF LAW UNIVERSITY OF SOUTH AFRICA

LECTURERS:

(ASSIGNMENT 01) UNIQUE NUMBER: 703370

ACADEMIC HONESTY DECLARATION i. ii.

iii. iv.

SIGNATURE:

I understand what academic dishonesty entails and am aware of Unisa’s policies in this regard. I declare that this assignment is my own, original work. Where I have used someone else’s work, I have indicated this by using the prescribed style of referencing. Every contribution to, and quotation in, this assignment from the work or works of other people has been referenced according to this style. I have not allowed and will not allow anyone to copy my work with the intention of passing it off as his or her own work. I did not make use of another student’s work and submit it as my own.

DATE: 12/05/2021

NICOLE GOVENDER

57897891

CRW2602-703370

In terms of Section 1 of The Protection of Constitutional Democracy against Terrorist and Related Activities Act1, The main "terrorist activities" prohibited in section 1 of the Act are Any act committed in or outside the Republic which: (i) (ii) (iii) (iv) (v) (vi)

(vii) (viii)

involves the use of violence by any means or method; involves the release into the environment of, or distributing or exposing the public to any dangerous or harmful substance or organism; any toxic chemical or microbial or other biological agent or toxin; endangers the life, or violates the physical integrity of any person or causes serious bodily injury or the death of any person or a number of persons; causes serious risk to the health or safety of the public or any segment of the public; causes the destruction or substantial damage to any property, natural resource or the environmental heritage whether private or public is designed or calculated to cause serious interference with or serious disruption of an essential service, facility, or system, including an electronic system; telecommunication system; banking or financial service or financial system; an essential infrastructure facility or any essential emergency services, such as police, medical or civil defence services; causes any major economic loss or extensive destabilisation of an economic system of a country/ creates a serious public emergency situation or a general insurrection in the Republic.

Terrorism requires a specific intention. It is necessary that the act be undertaken with an intention that can reasonably be understood as being intended, either directly or indirectly, to diverse circumstances. It includes instilling fear, terror, or panic in a civilian population, and the act must be undertaken, directly or indirectly, in whole or in part, for the furtherance of an individual or collective political, religious, intellectual, or philosophical motivation, aim, cause, or enterprise. X’s act was culpable in nature which he is sufficiently accountable for illegal crimes or carelessness to be held responsible and accountable for the behaviour. X fulfils all the elements of the crime which is: (1) an act (2) unlawfulness (3) a specific intention In S v Okah2, depicts damage sustained outside of the Republic. The accused, a Nigerian national convicted of terrorism in South Africa. Supreme Court of Appeal held there was a strong connection between the two countries. The activities indicated must be carried out with a specific level of culpability. The crimes were committed with the goal of intimidating a sector of the population voters into not voting for a certain political party. There was compliance with the culpability criterion because there was an intent to encourage or persuade a portion of the public to abstain or refrain from voting for the Y party or to adopt or forsake a specific position which is the first component of intention. The crime was also undertaken with the objective of furthering a collective political agenda- second component of intention. X persuaded his party members to poison food deliveries that people's lives were jeopardized and violated people's bodily integrity, or which posed a major threat to the health and safety of members of the general public - (Requirement of an act). In the context of the circumstances, X's behaviour meets both the criteria of an act and the criterion of culpability. As a result, X may be charged with terrorism. It would be fairly easy to prove that they carried out a "terrorist activity". At the very least, they have committed acts involving the use of violence, endangering the lives or physical integrity of other persons, and violating the physical integrity of. They performed these acts with the intention of intimidating a segment of the public by defaming Y by infecting their food parcels with the Covid-19 virus in order to persuade people to vote for them instead. The state will also have to prove the second component of the intention requirement, namely that these acts were performed with the purpose of the

1 33 of 2004 2 2018 (4) BCLR 456 (CC)

NICOLE GOVENDER

57897891

CRW2602-703370

advancement of a political, religious, ideological, or philosophical motive, objective, cause or undertaking. One may argue that X had a collective political motive.

BIBLIOGRAPHY

Case Law S v Okah 2018 (4) BCLR 456 (CC)

Legislation The Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004...