IF YOU WANT TO BE

SOMEBODY,
IF YOU WANT TO GO
SOMEWHERE,
YOU BETTER WAKE
UP AND PAY
ATTENTION! ( Sister Act II)
02/16/24 1
General Information:
 General Principles of Criminal
Law(IURI 211 & IURX 211)

 Lectures: ADV R Koraan, Mr E

Radebe and Mr B Tsweledi

 Contact details on Efundi

 Prescribed book: 7th edition Snyman’s

Criminal Law
 OUTCOMES
After engaging with the materials and activities in
this study unit you should be able to:

➢ Demonstrate basic knowledge and understanding of the basic

principles of Criminal Law;

➢ Demonstrate knowledge and understanding of the place of Criminal

Law in the South African legal system;

➢ Demonstrate understanding regarding the difference between a

crime and a delict

➢ Demonstrate knowledge and understanding of the sources of the

South African Criminal Law.
Structure of the Study Unit

 Criminal law and the legal system

 Crimes and delict

 Sources of criminal law

 Criminal law
Place in Legal System
We will focus on:

Material Law
Formal Law

Crime and a delict

02/16/24 5
 Place in Legal System
 Material Law (substantive legal
rules setting out rights and duties
of the state or subjects)

 Formal Law (rules setting out the

procedure or methods by which the
rules of substantive law are
enforced)

02/16/24 6
 Material Law

 Private Law

 Public Law

02/16/24 7
 Private Law
 Legal relationship between private
individuals –their property (e.g.,
law of succession)

02/16/24 8
 Public Law

 Legal Relationship –State and Private

individuals
 Legal Relationship between States
 Criminal Law
human conduct constitutes crimes
and what punishment
(e.g., constitutional law)

02/16/24 9
 Formal law

 Law of evidence

 Criminal Procedure

 Civil Procedure

02/16/24 10
 Law of evidence

 Rules relating to proving facts in

issue in criminal- and civil cases

02/16/24 11
 Criminal Procedure

 Rules setting out procedures and

methods by which law are enforced
in criminal cases (criminals are
brought before court and tried)

02/16/24 12
 Civil Procedure

 Rules and procedures in civil

cases

02/16/24 13
 Crimes and delicts

 Both can be described as unlawful,

blameworthy acts or omissions.

02/16/24 14
 Crimes and Delict
Crimes Delict

Public interest Private interest

Public law Private law

State prosecutes Private party institutes action

Imposition of sentence Damages /solatium

State decides Injured party decides

Criminal Procedure Civil Procedure

Possible damages not necessary Damages

02/16/24 16
 Sources of Criminal law

 Legislation

 Case Law

 Common Law

02/16/24 17
Theories of Punishment

02/16/24 18
 Cayle
??????????
Cayle is a 22 year old man. On 27 February
2023, Cayle pleaded guilty and was
consequently convicted of the theft of one loaf
of bread, 2,5kg sugar and a lighter to the value
of R250. Total amount R325. He has no
previous convictions. He does not have a fixed
address and is in and out of shelters. He also
suffers from a heroin addiction.

Which theory(s) of punishment will be

appropriate in Cayle’s case? Motivate your
answer. (5 x marks) Bring your answer to the
next class.

02/16/24 19
 Next class – 2 March 2023
- Study Unit 2
- Look at the outcomes
- S v Masiya 2007 (2) SACR
435 (CC)
- Be prepared!

02/16/24 20