Study Unit 5 - Lecture 1

Question 1

What Act gives chiefs criminal jurisdiction?

Answer 1

Black Administration Act 38 of 1927 (s 20)

Question 2

What makes something a crime?

Answer 2

Act against community interest, blameworthy, punished by community

Question 2

Elements of a crime?

Answer 2

Human act, unlawfulness, blameworthiness, community disapproval

Question 3

How is a crime different from a delict?

Answer 3

Crime affects the community, delict harms an individual

Question 3

Can a case be both a crime and a delict?

Answer 3

Yes, e.g. stock theft

Question 3

What crimes pollute the community?

Answer 3

Homicide, abortion, incest, etc.

Question 4

Are involuntary acts crimes?

Answer 4

No

Question 4

What is done to purify the community?

Answer 4

Ritual meal, slaughtering cattle, shared participation

Question 5

Do crimes expire over time?

Answer 5

No – “a crime does not rot”

Question 6

Are omissions crimes?

Answer 6

Only if there’s a duty (e.g., ruler’s order)

Question 7

Who is a co-perpetrator?

Answer 7

Anyone directly or indirectly helping commit the crime

Question 8

Who is an accomplice?

Answer 8

Someone who intentionally helps plan or assist the crime

Question 9

What is group (agnatic) liability?

Answer 9

Family head responsible for member’s crime; group pays fine

Question 10

What if someone helps a criminal hide?

Answer 10

They commit a separate offence

Question 11

What’s the saying about crime not expiring?

Answer 11

“Molato ga o bôle, go bola nama” (Tswana)