CRIME AGAINST THE STATE TERRORISM UNIT 1 PART 1 CRIME AGAINST THE STATE TERRORISM

TERRORISM Definition Any act which involve the use of violence Involve the release into the republic any dangerous or harmful substance Endangers the life, or violate the physical integrity of any person Cause serious risk to the health or safety of the public Cause substantial damage to any property Is designed or calculated to cause serious interference with or serious disruption of an essential service Any major economic loss or extensive destabilization of an economic system of a country or Or create a serious public emergency

ELEMENTS An Act the use of violence; release of toxic or harmful substances; conduct which endangers the life or physical integrity of any person; the causing of serious risk to health and safety of the public; causing damage to property; an act calculated to cause serious interference with services; causing destabilization of the economy and the creation of a public emergency or insurgency.

ELEMENTS Unlawfulness The act must be prohibited by law, Where an act is performed under compulsion this may justify its performance. It is also provided in the Act itself that an act which forms part of a protest, dissent or industrial action and which does not intend the harm contemplated in paragraph (a)(i)–(iv) of the definition is excluded from the prohibition. This is in accordance with the right to freedom of speech and the right to strike (ss 10 and 23(2)(c) of the Constitution).

ELEMENTS Intention Two components First component threaten the unity and territorial integrity of the Republic;  intimidate or cause feelings of insecurity within the public or a segment of the public with regard to its security unduly compel, intimidate, force, coerce, induce or cause a person, a government, the public or a segment of the public or a domestic or an international organization or intergovernmental organization to do or to abstain or refrain from doing any act, or to adopt or abandon a particular standpoint, or to act in accordance with certain principles;

ELEMENTS Intention Second component It is required that the act be committed, directly or indirectly, in whole or in part, for the purpose of the advancement of an individual or collective political, religious, ideological or philosophical motive, objective, cause or undertaking. Dulus eventualis is sufficient

UNIT 1 PART 2 PUBLIC VIOLENCE DEFINITION Public violence is the unlawful and intentional performance of an act, or acts, by a number of persons which assumes serious proportions and is intended to disturb the public peace and order by violent means, or to infringe the rights of another.

ELEMENTS AN ACT: Example of an act or conduct Faction fights Joint resistance of police of police action by a group of persons Rioting Violent cohesion of other workers by a group of strikers Disrupting or taking over a meeting by a gang

ELEMENTS JOINT ACTION The crime cannot be committed by an individual acting alone. The public peace and order must be disturbed by a number of persons acting in concert. It is impossible to specify the number of persons required; this will depend on the circumstances of the case, taking into account factors such as the seriousness of the threat to peace and order.

ELEMENTS SERIOUS PROPORTION Serious proportions The crime is only committed if (in addition to the other requirements) the action of the group assumes serious proportions. One of the reasons for the existence of the crime is that the safety of persons not involved in the disturbance is threatened, and this will only be the case if the disturbance is serious (Tshayitsheni 1918 TPD 23, 2930).

ELEMENTS SERIOUS PROPORTION FACTORS TO BE CONSIDERED the number of persons involved the time the place the duration of the disturbance the cause of the disturbance the status of the participants whether or not they are armed whether persons or property are injured or damaged the way in which the disturbance is settled (if it is settled)

ELEMENTS UNLAWFULNESS The action must be prohibited by law. both the actions of the group of persons or crowd as such and the actions of the individual accused must have been unlawful. There must not be any ground of justification for example compulsion.

ELEMENTS INTENTION Intent is the form of culpability required. The individual accused must have been aware of the nature and purpose of the actions of the group, and her participation in the activities of the group must have been intentional (Aaron 1962 (2) PH H 177 (SR)). Furthermore, a common purpose of disturbing the public peace and order must exist between the members of the group.