Intimidation

Question 1

Provision regulating intimidation

Answer 1

 The Intimidation Act makes it a crime to intimidate others.
 It was enacted to prohibit and punish conduct where a person tries to force
others into doing or not doing something.

Question 2

2 main offences created by S 1(1) OF INTIMIDATION ACT

Question 3

Under what constions will a person be guilty of a crime, provide the authority

Answer 3

S1(1)(a)
 Without lawful reason, and with the intent to compel or induce any person to:
 Do or abstain from doing any act, or
 Assume or abandon a particular standpoint,

Otherwise, that person will:
 Assault, injure, or cause damage to that person.
 Threaten to kill, assault, injure, or cause damage to that person or any
group.

INTENT IS REQUIRED

Question 4

S1(1)(b) of Intimidation Act

Answer 4

criminalised is to say or do something that might reasonably cause
someone to fear for their safety, property, or livelihood, even without intent to
intimidate.

Question 5

Case law on s1(1)(b)

Answer 5

**Moyo and Another v Minister of Police: **
- S 1(1)(b) is too broad and vague.
- - It did not require intent, which meant people could be criminalised for
lawful expressions.
- It infringed on right to freedom of expression under S 16 of Constitution.
- It is thus unconstitutional.

Question 6

Penalties for intimidation

Answer 6

If convicted under S 1(1)(a), a person may be sentenced to:
 A fine not exceeding R40,000, or
 Imprisonment not exceeding 10 years, or
 Both.

Question 7

Contitutional considerations in relation to intimidation

Answer 7

 S 35(3)(h) of Constitution provides that every accused person has the right
to a fair trial, including the right to be presumed innocent and not punished for
conduct lacking criminal intent.

 This is why S 1(1)(b), which allowed punishment without intent, was
problematic and struck down by Constitutional Court.

Question 8

S 1A(1) in creating a second offence

Answer 8

 It criminalises the act of anyone who with intent to scare, demoralise, or
influence the public or a group of people, do any of the following:
a) Commit or threaten violence,
b) Do anything to promote or cause violence,
c) Plan or conspire with others to do so,
d) Encourage or assist someone else to do so.

Question 9

Punishment for infringing s1A(1)

Answer 9

Up to 25 years in prison, a fine, or both.

Question 10

Burden of proof

Answer 10

The Act puts the burden on accused to prove they didn’t have the required
intention.

Question 11

what does violence under the intimidation act include?

Answer 11

1) Bodily harm or killing someone,
2) Endangering someone’s safety,
3) Damaging or destroying property.

Question 12

How s1(1) and s1A(1) overlap?

Answer 12

 S 1(1) deals with intimidation of individuals.
 S 1A(1) focuses on intimidating the public or a group.
 S 1A(1) covers more types of conduct and carries a harsher penalty than S
1(1).

Question 13

S v Motshari:

Answer 13

• There was a domestic dispute, and accused told his partner he would kill
  her.
• Accused was charge under S 1(1)(b).
• He was found not guilty, as domestic disputes better dealt with under the Domestic Violence Act than the Intimidation Act.

Question 14

S v Holbrook:

Answer 14

Two parties had an argument over if the one party threw the cat thrown into the pool while intoxicated.
The accused threatened to kill complainant.
Accused was found not guilty, because he lacked criminal capacity, as the conduct arose while accused was intoxicated.

Question 15

S v Cele and Others

Answer 15

• Prison warders said they would “crucify” superiors during a heated
  argument.
• The warders were found not guilty of intimidation, as they had no intention, and the words were merely said in heat of the moment.