Jump to:
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—enslavement
84.— (1) A person (the perpetrator) commits an indictable offence if—
(a) the perpetrator exercises any or all of the powers attaching to the right of ownership over one or more persons (including the exercise of a power in the course of trafficking in persons,in particular women and children) ; and
(b) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.
Penalty — Imprisonment for 25 years.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—deportation or forcible transfer of population
85.—(1) A person (the perpetrator) commits an indictable offence if—
(a) the perpetrator forcibly displaces one or more persons, by expulsion or other coercive acts, from an area in which the person or persons are lawfully present to another country or location ; and
(b) the forcible displacement is contrary to paragraph 4 of article 12 or article 13 of the Covenant ; and
(c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish the lawfulness of the presence of the person or persons in the area ; and
(d) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.
Penalty — Imprisonment for 17 years.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—imprisonment or other severe deprivation of physical liberty
86.— (1) A person (the perpetrator) commits an indictable offence if—
(a) the perpetrator imprisons one or more persons or otherwise severely deprives one or more persons of physical liberty ; and
(b) the perpetrator’s conduct violates article 9, 14 or 15 of the Covenant ; and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.
Penalty — Imprisonment for 17 years.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—torture
87. A person (the perpetrator) commits an indictable offence if—
(a) the perpetrator inflicts severe physical or mental pain or suffering upon one or more persons who are in the custody or under the control of the perpetrator ; and
(b) the pain or suffering does not arise only from, and is not inherent in or incidental to, lawful sanctions ; and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.
Penalty — Imprisonment for 25 years.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—rape
88.— (1) A person (the perpetrator) commits an indictable offence if—
(a) the perpetrator sexually penetrates another person without the consent of that person ; and
(b) the perpetrator knows of, or is reckless as to, the lack of consent ; and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.
Penalty — Imprisonment for 25 years.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—rape
88.— (2) A person (the perpetrator) commits an indictable offence if—
(a) the perpetrator causes another person to sexually penetrate the perpetrator without the consent of the other person ; and
(b) the perpetrator knows of, or is reckless as to, the lack of consent ; and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—sexual slavery
89.— (1) A person (the perpetrator) commits an indictable offence if—
(a) the perpetrator causes another person to enter into or remain in sexual slavery ; and
(b) the perpetrator intends to cause, or is reckless as to causing, that sexual slavery ; and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.
Penalty — Imprisonment for 25 years.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—enforced prostitution
90.— (1) A person (the perpetrator) commits an indictable offence if—
(a) the perpetrator causes one or more persons to engage in one or more acts of a sexual nature without the consent of the person or persons, including by being reckless as to whether there is consent ; and
(b) the perpetrator intends that he or she, or another person, will obtain pecuniary or other advantage in exchange for, or in connection with, the acts of a sexual nature ; and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.
Penalty — Imprisonment for 25 years.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—forced pregnancy
91.— (1) A person (the perpetrator) commits an indictable offence if —
(a) the perpetrator unlawfully confines one or more women forcibly made pregnant ; and
(b) the perpetrator intends to affect the ethnic composition of any population or to destroy, wholly or partly, a national, ethnical, racial or religious group, as such ; and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.
Penalty — Imprisonment for 25 years.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—enforced sterilisation
92.— (1) A person (the perpetrator) commits an indictable offence if —
(a) the perpetrator deprives one or more persons of biological reproductive capacity ; and
(b) the deprivation is not effected by a birth-control measure that has a non-permanent effect in practice ; and
(c) the perpetrator’s conduct is neither justified by the medical or hospital treatment of the person or persons nor carried out with the consent of the person or persons ; and
(d) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.
Penalty — Imprisonment for 25 years.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—sexual violence
93.— (1) A person (the perpetrator) commits an indictable offence if—
(a) the perpetrator does either of the following—
(i) commits an act or acts of a sexual nature against one or more persons;
(ii) causes one or more persons to engage in an act or acts of a sexual nature ;
without the consent of the person or persons, including by being reckless as to whether there is consent ; and
(b) the perpetrator’s conduct is of a gravity comparable to the offences referred to in sections 88 to 92 ; and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.
Penalty — Imprisonment for 25 years.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—persecution
94.— (1) A person (the perpetrator) commits an indictable offence if —
(a) the perpetrator severely deprives one or more persons of any of the rights referred to in paragraph (b) ; and
(b) the rights are those guaranteed in articles 6, 7, 8 and 9, paragraph 2 of article 14, article 18, paragraph 2 of article 20, paragraph 2 of article 23 and article 27 of the Covenant ; and
(c) the perpetrator targets the person or persons by reason of the identity of a group or collectivity or targets the group or collectivity as such ; and
(d) the grounds on which the targeting is based are political, racial, national, ethnic, cultural, religious, gender or other grounds that are recognised in paragraph 1 of article 2 of the Covenant ; and
(e) the perpetrator’s conduct is committed in connection with another act that is :
(i) a proscribed inhumane ac ; or
(ii) genocide ; and
(f) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.
Penalty — Imprisonment for 17 years.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—enforced disappearance of persons
95.— (1) A person (the perpetrator ) commits an indictable offence if—
(a) the perpetrator arrests, detains or abducts one or more persons ; and
(b) the arrest, detention or abduction is carried out by, or with the authorisation, support or acquiescence of, the government of a country or a political organisation ; and
(c) the perpetrator intends to remove the person or persons from the protection of the law for a prolonged period of time ; and
(d) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population ; and
(e) after the arrest, detention or abduction, the government or organisation refuses to acknowledge the deprivation of freedom of, or to give information on the fate or whereabouts of, the person or persons.
Penalty — Imprisonment for 17 years.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—enforced disappearance of persons
95.— (2) A person (the perpetrator) commits an indictable offence if—
(a) one or more persons have been arrested, detained or abducted ; and
(b) the arrest, detention or abduction was carried out by, or with the authorisation, support or acquiescence of, the government of a country or a political organisation ; and
(c) the perpetrator refuses to acknowledge the deprivation of freedom, or to give information on the fate or whereabouts, of the person or persons ; and
(d) the refusal occurs with the authorisation, support or acquiescence of the government of the country or the political organisation ; and
(e) the perpetrator knows that, or is reckless as to whether, the refusal was preceded or accompanied by the deprivation of freedom ; and
(f) the perpetrator intends that the person or persons be removed from the protection of the law for a prolonged period of time ; and
(g) the arrest, detention or abduction occurred, and the refusal occurs, as part of a widespread or systematic attack directed against a civilian population ; and
(h) the perpetrator knows that the refusal is part of, or intends the refusal to be part of, such an attack.
Penalty — Imprisonment for 17 years.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—apartheid
96. A person (the perpetrator) commits an indictable offence if—
(a) the perpetrator commits against one or more persons an act that is a proscribed inhumane act, or an act that is of a nature and gravity similar to any such proscribed inhumane act ; and
(b) the perpetrator’s conduct is committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups ; and
(c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish the character of the act ; and
(d) the perpetrator intends to maintain the regime by the conduct ; and
(e) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.
Penalty — Imprisonment for 17 years.
CHAPTER III — CRIMINAL OFFENCES
PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER
Division 3 — Crimes Against Humanity
Crime against humanity—other inhumane act
97. A person (the perpetrator) commits an indictable offence if—
(a) the perpetrator causes great suffering, or serious injury to body or to mental or physical health, by means of an inhumane act ; and
(b) the act is of a character similar to another proscribed inhumane act ; and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.
Penalty — Imprisonment for 25 years.
CHAPTER III — CRIMINAL OFFENCES
PART 11 — OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY
Division 1 — Corruption and the Abuse of Office
Sub-Division f — Perjury And False Statements And Declarations
Perjury
176.— (1) Any person lawfully sworn as a witness in a judicial proceeding who wilfully makes a statement material in that proceeding which he or she knows to be false or does not believe to be true commits an indictable offence (which is triable summarily) termed perjury.
Penalty — Imprisonment for 7 years.
(2) Any person lawfully sworn as an interpreter, who wilfully in the course of his or her duties as an interpreter—
(a) makes any misstatement ; or
(b) actively or by omission misinterprets any statement (whether or not that statement is material in any judicial proceeding)—
commits the offence of perjury.
Penalty — Imprisonment for 7 years.
(3) Where a statement made for the purpose of a judicial proceeding is not made before the court or tribunal itself, but is made on oath before a person authorised by law to administer an oath to the person who makes the statement and to record or authenticate the statement it shall, for the purposes of this section, be treated as having been made in a judicial proceeding.
(4) The question whether a statement on which perjury is assigned was material is a question of law to be determined by the court of trial.
CHAPTER III — CRIMINAL OFFENCES
PART 11 — OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY
Division 1 — Corruption and the Abuse of Office
Sub-Division f — Perjury And False Statements And Declarations
Fabricating evidence
184. A person commits a summary offence if he or she, with intent to mislead any tribunal in any judicial proceeding—
(a) fabricates evidence by any means other than perjury or subornation of perjury ; or
(b) knowingly makes use of such fabricated evidence.
Penalty — Imprisonment for 7 years.
CHAPTER III — CRIMINAL OFFENCES
PART 11 — OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY
Division 1 — Corruption and the Abuse of Office
Sub-Division g — Other Offences Relating to the Aministration of Justice
Deceiving witnesses
188. A person commits a summary offence if he or she —
(a) practices any fraud or deceit ; or
(b) knowingly makes or exhibits any false statement, representation, token or writing—
to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of the person as a witness.
Penalty—Imprisonment for 1 year.
CHAPTER III — CRIMINAL OFFENCES
PART 11 — OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY
Division 1 — Corruption and the Abuse of Office
Sub-Division g — Other Offences Relating to the Aministration of Justice
Destroying evidence
189. A person commits a summary offence if he or she, knowing that any book, document or thing of any kind is or may be required in evidence in a judicial proceeding—
(a) wilfully removes or destroys it ; or
(b) renders it illegible or indecipherable or incapable of identification—
with the intent to prevent it from being used in evidence.
Penalty — Imprisonment for 1 year.
CHAPTER III — CRIMINAL OFFENCES
PART 11 — OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY
Division 1 — Corruption and the Abuse of Office
Sub-Division g — Other Offences Relating to the Aministration of Justice
Conspiracy to defeat justice and interference with witnesses
190. A person commits a summary offence if he or she —
(a) conspires with any other person to knowingly and maliciously accuse any person falsely of any crime ; or
(b) conspires to do anything to obstruct, prevent, pervert or defeat the course of justice ; or
(c) in order to obstruct the due course of justice, dissuades, hinders or prevents any person lawfully bound to appear and give evidence as a witness from appearing and giving evidence, or endeavours to do so ; or
(d) obstructs or in any way interferes with or knowingly prevents the execution of any legal process (civil or criminal) ;
(e) in any way obstructs, prevents, perverts or defeats, or attempts to obstruct, prevent, pervert or defeat, the course of justice.
Penalty — Imprisonment for 5 years.
CHAPTER III — CRIMINAL OFFENCES
PART 11 — OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY
Division 1 — Corruption and the Abuse of Office
Sub-Division g — Other Offences Relating to the Aministration of Justice
Compounding serious offences and actions for criminal offences
191.— (1) A person commits a summary offence if he or she asks, receives or obtains (or agrees or attempts to receive or obtain) any property or benefit of any kind for himself or herself or any other person, upon any agreement or understanding that he or she will—
(a) compound or conceal an indictable offence ; or
(b) abstain from, discontinue or delay a prosecution for such an offence ; or
(c) withhold any evidence in relation to the offence.
Penalty — Imprisonment for 2 years.
CHAPTER III — CRIMINAL OFFENCES
PART 11 — OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY
Division 1 — Corruption and the Abuse of Office
Sub-Division g — Other Offences Relating to the Aministration of Justice
Offences relating to judicial proceedings
194.— (1) A person commits a summary offence against this section if he or she—
(a) within the premises in which any judicial proceeding is being had or taken, or within the precincts of those premises, shows disrespect, in speech or manner, to or with reference to—
(i) the proceedings ; or
(ii) any person before whom such proceeding is being had or taken ; or
(b) having been summoned to give evidence in a judicial proceeding, fails to attend ; or
(c) being present at a judicial proceeding and being called upon to give evidence, refuses to be sworn or to make an affirmation ; or
(d) having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document ; or
(e) having attended a judicial proceeding to give evidence, remains in the room in which such proceeding is being had or taken after the witnesses have been ordered to leave such room ; or
(f) having been ordered by the court to remain within the premises in which any judicial proceeding is
being heard or taken or within the precincts of the premises departs from the premises or precincts without the leave of the court ; or
(g) causes an obstruction or disturbance in the course of a judicial proceeding ; or
(h) while a judicial proceeding is pending, makes use of any speech or writing wilfully and maliciously misrepresenting such proceeding or capable of prejudicing any person in favour of or against any parties to such proceeding, or calculated to lower the authority of any person before whom such proceeding is being had or taken ; or
(i) publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private ; or
(j) attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either before or after he has given evidence, in connection with such evidence ; or
(k) dismisses an employee because he has given evidence on behalf of a certain party to a judicial proceeding ; or
(l) wrongfully retakes possession of land from any person who has recently obtained possession by a writ of court ; or
(m) commits any other act of intentional disrespect to any judicial proceeding, or to any person before whom such proceeding is being had or taken.
Penalty — Imprisonment for 3 months.
CHAPTER III — CRIMINAL OFFENCES
PART 11 — OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY
Division 1 — Corruption and the Abuse of Office
Sub-Division g — Other Offences Relating to the Aministration of Justice
Offences relating to judicial proceedings
194.— (2) When an offence against paragraphs (a), (b), (c), (d), (e), (g), (h) or (m) of sub-section (1) is committed in view of the court, the court may cause the offender to be detained in custody, and at any time before the rising of the court on the same day may take cognizance of the offence and sentence the offender to a fine not exceeding 5 penalty units, or in default of payment to imprisonment for a term not exceeding 3 months.