n South African Journal of Criminal Justice - General principles and specific offences - recent cases

Volume 32 Number 3
  • ISSN : 1011-8527


The case of S v Tsotetsi 2019 (2) SACR 594 (WCC) provides a very clear application of the principles of common purpose liability (once again very recently approved and applied by the Constitutional Court, in this instance in the context of rape, in Tshabalala v The State; Ntuli v The State (CCT/323/18; CCT 69/19) [2019] ZACC 48, which will be discussed in the next volume of SACJ). The facts reflect the unfortunate reality of the public perception that the criminal justice system is not functioning as it ought, and the consequence of this perception – the resort to self-help, vigilantism and community vengeance.

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