Defeating Justice in South African Law

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Questions and Answers

What does the term 'obstructing' imply in the context of defeating or obstructing the course of justice?

'Obstructing' implies engaging in conduct that hinders justice but does not necessarily lead to its defeat.

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

It must be proven that justice has been defeated, such as in cases of wrongful conviction.

How does 'defeating' differ from 'obstructing' in legal terms?

'Defeating' involves successfully preventing justice from being served, whereas 'obstructing' involves merely hindering the process.

List at least two crimes that may overlap with defeating or obstructing the course of justice.

Contempt of court and perjury are two crimes that may overlap with this offense. Signup and view all the answers

What is required for charges of defeating or obstructing justice to be applied?

The conduct must be unlawful and intentional in nature. Signup and view all the answers

Why is it common to charge conduct under the ambit of defeating or obstructing justice rather than as separate offences?

Because the crime consists of a single offence rather than two distinct alternative offences. Signup and view all the answers

What behavior constitutes unlawfully inducing a witness?

It involves attempting to persuade a witness to provide false testimony. Signup and view all the answers

In the context of obstructing justice, why is warning motorists about a speed trap considered a crime?

It is considered an attempt to defeat the course of justice by informing drivers to evade law enforcement actions. Signup and view all the answers

What was the significant difference in the rulings of Naidoo and Perera regarding warning motorists?

Naidoo held that flashing lights is obstructing justice, while Perera required evidence of the motorist's intent to violate speed limits. Signup and view all the answers

Can a person commit the crime of obstructing justice without a pending case?

Yes, if there is a possibility of a real court case following a false complaint. Signup and view all the answers

What does the term 'course or administration of justice' refer to?

It refers to the judicial process that is expected to lead to a court case. Signup and view all the answers

What did the court rule in the Bazzard case regarding false reports to the police?

The court found that it did not amount to obstructing justice since it merely wasted police time without affecting the judicial process. Signup and view all the answers

How does soliciting a complainant to withdraw a charge fit into the definition of obstructing justice?

It involves using unlawful means to influence someone to potentially prevent a legal proceeding. Signup and view all the answers

What is the significance of having a possibility of a real court case in obstructing justice offenses?

It establishes that actions intended to mislead or manipulate outcomes can be considered obstructive even without an active case. 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.

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Description

Explore the implications of defeating or obstructing the course of justice in South Africa. This quiz covers related crimes such as contempt of court, perjury, and extortion, highlighting their interconnections. Test your knowledge on this critical legal topic and its significance in the justice system.