1
Case Area of law Principle
S v Francis 1994 (1) SACR 350 (K) Principle of Legal question
legality
F charged with absconding from a Did any crime exist under which the accused could be
rehabilitation centre. Regulation of charged ?
1971 Act under which F charged made
it clear that act which F allegedly Decision of court
committed was a crime. 1992 Act
repealed 1971 Act. F absconded in Court recognised importance of principle of legality.
1993. Relevant section in 1992 Act contained only a legal norm
and not a criminal norm or criminal sanction.
F not guilty of any crime.
S v Masiya 2007 (2) SACR 435 (CC) Principle of Legal question
legality
M charged with rape of a 9 year old 1. Was common law definition of rape constitutional ?
girl. On day act was committed,
legislation creating a new statutory 2. Was accused correctly convicted of rape ?
crime of rape had not yet existed. M
had inserted penis into anus of girl and Decision of court
not her vagina, thus it was argued that
M could only be charged with indecent 1. No, common law definition of rape is unconstitutional –
assault as crime did not fit definition of CC extended common law definition of rape to include
rape. acts of non-consensual penetration of a penis into anus
of a female
2. No, conviction of rape was set aside and replaced with a
conviction of indecent assault.
Want to earn R1,135 per mon
Case Area of law Principle
S v Francis 1994 (1) SACR 350 (K) Principle of Legal question
legality
F charged with absconding from a Did any crime exist under which the accused could be
rehabilitation centre. Regulation of charged ?
1971 Act under which F charged made
it clear that act which F allegedly Decision of court
committed was a crime. 1992 Act
repealed 1971 Act. F absconded in Court recognised importance of principle of legality.
1993. Relevant section in 1992 Act contained only a legal norm
and not a criminal norm or criminal sanction.
F not guilty of any crime.
S v Masiya 2007 (2) SACR 435 (CC) Principle of Legal question
legality
M charged with rape of a 9 year old 1. Was common law definition of rape constitutional ?
girl. On day act was committed,
legislation creating a new statutory 2. Was accused correctly convicted of rape ?
crime of rape had not yet existed. M
had inserted penis into anus of girl and Decision of court
not her vagina, thus it was argued that
M could only be charged with indecent 1. No, common law definition of rape is unconstitutional –
assault as crime did not fit definition of CC extended common law definition of rape to include
rape. acts of non-consensual penetration of a penis into anus
of a female
2. No, conviction of rape was set aside and replaced with a
conviction of indecent assault.
Want to earn R1,135 per mon
