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CRIMINAL LAW B (2LCC202)

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CRIMINAL LAW LECTURE NOTE

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  • December 4, 2022
  • 8
  • 2021/2022
  • Class notes
  • Khanyile
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CRIMES AGAINST THE STATE AND
THE ADMINISTRATION OF JUSTICE
• High Treason: a person
commits high treason if
owing allegiance to the
republic of South Africa.
She/he unlawfully
engages in conduct
within or outside the
Republic with the
intension of:
a) Overthrowing the
government of the
Republic;
b) Coercing the
government by violence
into any action or
inaction.

, c) Violating, threatening
or endangering the
existence, independence
or security of the
Republic; or
d) Changing the
constitutional structure of
the Republic.


ELEMENTS OF THE CRIME
a)The perpetrator must owe allegiance
to the Republic
Meaning of allegiance:- “loyalty or
commitment to a superior or to a group
or cause”
Please note: only persons owing
allegiance to the republic can commit
high treason. The category of persons
owing allegiance is wider than the
category of people who are citizens.

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