Chapter 1 : Crimes against the state

Question 1

Terrorism

Answer 1

Any act committed in or out of the Republic which :

1. involves the use of violence by means or method
2. involves the release into the environment of, or disturbing or exposing the public to any dangerous or harmful substance or organism; any toxic chemical or microbial or other biological agent or toxin
3. 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
4. Causes serious risk to the health or safety of the public or any segment of the public
5. Causes the destruction or substantial damage to any property, natural resource or the environmental heritage whether private or public.
6. Is designed or calculated to cause serious interference with or serious disruption of the essential service, facility or system, including an electronic system, telecommunication system, banking of financial service or financial system; an essential infrastructure facility or any essential emergency services, such as police, medical or civil defence services
7. Causes any major economic loss or extensive destabilisation of an economic system of a country
8. Creates a serious public emergency situation or a general insurrection in the Republic

Question 2

Culpability

Answer 2

The acts of terrorism must be performed with defined culpability and an act which is intended, directly or indirectly, to:

1. Threaten the unity and territorial integrity of the Republic
2. Intimidate or cause feelings of insecurity within the public or a segment of the public with regard to its security, including its economic security.
3. Unduly compel, intimidate, force, coerce, induce or cause a person, government, etc, 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.

The act must 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

Question 3

Public Violence

Answer 3

The elements of the crime are the following:
1. An act

2. performed by a number of persons
3. which assumes serious proportions
4. which is unlawful
5. intentional, and more specifically, includes an intention to disturb the public peace and order by violent means, or to infringe the rights of another.

Question 4

The case regarding terrorism

Answer 4

S v Okah

Question 5

The case regarding public violence

Answer 5

S v Mlungwana