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CRIMINAL LAW (2LCC202)
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CRIMINAL LAW LECTURE NOTES
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SEDITIONWhat is Sedition?
“Conduct or speech inciting
people to rebel against the
authority of a state”
it is taking part in a
concourse of people violently
or by threats of violence
challenging or defying or
resisting the authority of the
state of the Republic of South
Africa or causing such a
concourse. It is crime that is
not aimed at the individual
but at the authority of the
state.
• Elements of the crime: (a)
taking part in a concourse
, of people (b) accompanied
by violence or threats (c)
challenging the authority
of the state (d)
unlawfulness (e) intention
The difference between Sedition
and other crimes against the
State are as follows:
• For high treason there must
be a hostile intent whereas for
Sedition only intention to
resist or challenge the
authority of the State is
required.
• Sedition can only be
committed by a number (2 or
more) of persons acting
together unlike treason which
can be committed by one
person acting alone.
, • For Sedition, no allegiance to
the Republic is required.
Please note that Sedition differs
from public violence in that it is
aimed at authority of the State,
whereas public violence is aimed
at public peace and tranquillity.
• State v Twala 1979 3 SA
864 (T)869 F-G
These were 11 members of
Soweto Students
Representatives Council
who were convicted and
sentenced to
imprisonment.
• S v Zwane (3) 1989 3 SA
253 (w) 261E-F
PUBLIC VIOLENCE
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