Defeating Justice in South Africa

Questions and Answers

What behavior constitutes unlawful inducement of a witness?

Unlawfully inducing or attempting to induce a witness to give false evidence constitutes unlawful inducement.

In the context of obstructing justice, what did the case of Naidoo establish?

The case of Naidoo established that warning motorists about a speed trap by flashing lights can amount to an attempt to defeat the course of justice.

Can a crime be committed even if there is no pending case? Explain.

Yes, a crime can be committed without a pending case if there is the possibility of a real court case ensuing.

What was the ruling in Bazzard regarding false reports to the police?

The court ruled that making a false report to the police, which didn't attempt to implicate an innocent party, does not amount to obstruction of justice. Signup and view all the answers

What is the significance of 'course or administration of justice' in the context of these judicial behaviors?

'Course or administration of justice' refers to a legal process that is expected to result in a court case between parties or individuals. Signup and view all the answers

What distinguishes 'defeating' justice from 'obstructing' justice?

'Defeating' justice means achieving a wrongful outcome, such as convicting an innocent person, while 'obstructing' justice refers to hindering the legal process without necessarily resulting in a wrongful outcome. Signup and view all the answers

What must be proven for someone to be found guilty of defeating the ends of justice?

It must be proven that justice has actually been defeated, such as through the wrongful conviction of an innocent person. Signup and view all the answers

How is the crime of defeating or obstructing the course of justice characterized?

The crime is characterized as unlawfully and intentionally engaging in conduct that defeats or obstructs the administration of justice. Signup and view all the answers

Why might it be difficult to prove a charge of defeating justice?

It is difficult to prove because one must establish that justice has been definitively defeated, which can be challenging with evidence. Signup and view all the answers

Is defeating or obstructing the course of justice considered two distinct offences?

No, it is considered a single offence, encompassing various forms of conduct related to defeating or obstructing justice. Signup and view all the answers

Study Notes

Overview of Defeating or Obstructing the Course of Justice

Significant crime in South Africa, often overlaps with perjury, contempt of court, fraud, forgery, extortion, and police obstruction.
Correct designation for this crime is "defeating or obstructing the course of justice."

Definitions and Distinctions

"Defeating" is a more serious charge than "obstructing."
Guilt for defeating justice requires proof that justice has been actually defeated, such as wrongful conviction.
Conduct under this crime can be charged as an attempt to defeat the course of justice.

Examples of Conduct

Inducing or attempting to induce a witness to provide false testimony.
Refusing to give evidence in legal proceedings.
Providing false information to law enforcement.
Soliciting a complainant to withdraw a charge through unlawful means.
Pressuring a prosecutor unlawfully not to proceed with a case.
Attempting to influence judicial proceedings by excluding certain types of evidence.
Tampering with court documents to manipulate evidence.

Case Law Examples

Naidoo Case (1977): Warning other motorists of a speed trap constitutes an attempt to defeat justice.
Perera Case (1978): A motorist is guilty only if aware the approaching vehicle is exceeding speed limits—highlighting the necessity of intention for guilt.

Conditions for the Crime to Occur

Can be committed even without a pending case, but must involve a potential for a real court case.
Example case: False complaint at a police station creates a potential charge against an accused, fulfilling the requirements of this crime.

Impact on Justice Process

The term "course or administration of justice" relates to processes leading to court cases between individuals or between the state and individuals.
Bazzard Case (1992): A false report of kidnapping did not constitute obstruction of justice as it wasted police time without disrupting legal proceedings or targeting an innocent party.

Description

This quiz explores the crime of defeating or obstructing the course of justice, a significant concern in South Africa. The content covers its overlap with various offenses such as perjury, fraud, and contempt of court. Test your knowledge on the implications and definitions surrounding this complex legal issue.