About the Index
The Criminalisation Index intends, in time, to record every criminal offence recognised under South African law, whether in the national, provincial, or municipal sphere, and whether in legislation, regulation, or judicial pronouncements.
At the present time, the Index seeks only to catalogue criminal offences that exist in legislation adopted by the national South African Parliament.
The Index is meant to be a tool of public awareness rather than an aide in active or contemplated court cases. Do not under any circumstances utilise the Index as a substitute for consultation with a legal practitioner.
Latest Index Update: 13 March 2024
Justness and Proportionality scores
The Index ultimately considers whether South Africa is overcriminalised. This would be the case if conduct or activities that are victimless or are dealt with by civil law are brought under the domain of criminal law, which involves criminal records, fines, and imprisonment.
The Index utilises a ‘Justness’ score to show whether a given item of criminalisation is appropriate or not. ‘Proportionality,’ on the other hand, is measured according to the justness score. In other words, the question is whether the penalty for a crime fits the justness of that conduct being criminalised, rather than its perceived severity.
Justness
1: Just
2: Somewhat just
3: Somewhat unjust
4: Unjust
Proportionality
1: Proportionate
2: Somewhat proportionate
3: Somewhat disproportionate
4: Disproportionate
Other things to note
‘Crime names’ are determined by the compilers of the Index, as most statutory offences do not have names assigned to them. This column is for ease of reference.
The Index is undergoing long-term standardisation, meaning that the text found in the ‘Crime name’, ‘Crime description’, and ‘Notes’ columns will over time acquire a more uniform tone, style, and format.
The columns of the Index often contain a lot of information which often cannot be adequately displayed in your browser. If this is the case, please download the Index to view on your computer.
National Crimes
| wdt_ID | wdt_created_by | wdt_created_at | wdt_last_edited_by | wdt_last_edited_at | Ref No | Origin | Year | Section | Portfolio | Crime name | Crime description | Justness | Penalty | Proportionality | Notes |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 1 | Common Law | - | - | Justice | Murder | Murder is the unlawful and intentional killing of a human being. | 1 | Section 51 of the Criminal Law Amendment Act (105 of 1997) provides that the penalty would be life imprisonment if the murder was planned or premeditated; the victim was a law enforcement officer performing their duties; if the victim was or was going to | 1 | |
| 2 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 2 | Common Law | - | - | Justice | Assault | A person commits assault if she unlawfully and intentionally applies force, directly or indirectly, to the person or another, or inspires abelief in another person that force is immediately to be applied to her. | 1 | A fine usually for common assualt and a prison sentence for assualt with intent to cause bodily harm. The courts have a discretion to sentence according to the circumstances of a particular case and in the interest of justice as per section 283(1) of the | 1 | |
| 3 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 3 | Common Law | - | - | Justice | Theft | Theft is the unlawful, intentional appropriation of movable, corporeal property which belongs to, and is in the possession of, another belongs to another but is in the perpetrator's own possession, or belongs to the perpetrator but is in another's possess | 1 | The court will have the discretion for sentencing premised on the circumstances of the case as per section 283(1) of the Criminal Procedure Act. For theft of an amount or proerty totalling over R500 000 the penalty is 15 years in respect of a first offend | 1 | |
| 4 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 4 | Common Law | - | - | Justice | Rape | Any person who unlawfully and intentionally commits an act of sexual penetration with a complainant without his or her consent is guilty of the offence of rape. | 1 | Life imprisonment if the rape meets the requiremets of Schedule 2 Part 1 of the Criminal Law Amendment Act. And if those requirements are not met, the sentences are that a first offender is to be sentenced to imprisonment for a period not less than 10 yea | 1 | Rape is both a common law and statutory offence. See section 3(4)(a)(ii) of the Criminal Law (Sexual Offences and Related Matters Amendment) Act (32 of 2007). |
| 5 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 5 | Common Law | - | - | Justice | Robbery | Robbery consists in the theft of property by unlawfully and intentionally using violence to take the property from another or threats of violence to induce the other person to submit to the taking of the property. | 1 | If a person has been convicted of robbery – when there are aggravating circumstances; or involving the taking of a motor vehicle (“motor hijacking”) a court must impose the following minimum sentences: 15 years in respect of a first offender; 20 years in | 1 | |
| 6 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 6 | Common Law | - | - | Justice | Culpable homicide | The unlawful, negligent causing of the death of another human being. | 1 | No set penalty, the court has the discretion to issue a sentence. Section 283(1) of the Criminal Procedure Act. | 1 | It is understandable that courts be given wide latitude to determine penalties when the offence is one of negligence rather than intent. |
| 7 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 7 | Common Law | - | - | Justice | Malicious injury to property | Malicious injury to property consists in unlawfully and intentionally damaging property belonging to another person or damaging one's own insured property with the intention of claiming the value of the property from the insurer. | 1 | No set penalty, the court has the discretion to issue a sentence. Section 283(1) of the Criminal Procedure Act. | 2 | The lack of clarity around penalties is problematic. |
| 8 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 8 | Common Law | - | - | Justice | Public violence | The unlawful and intentional performance of an act, or acts, by a number of persons which assumes serious proportions and is intended to disturb the public peace and order by violent means, or to infringe the rights of another. | 1 | No set penalty, the court has the discretion to issue a sentence. Section 283(1) of the Criminal Procedure Act. | 2 | The lack of clarity around penalties is problematic. |
| 9 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 9 | Common Law | - | - | Justice | Fraud | Fraud is the unlawful and intentional making of a misrepresentation which causes actual prejudice or which is potentially prejudicial. | 1 | No set penalty, the court has the discretion to issue a sentence. Section 283(1) of the Criminal Procedure Act. | 2 | The lack of clarity around penalties is problematic. |
| 10 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 10 | Common Law | - | - | Justice | Contempt of court | Contempt of court consists in the unlawful and intentional violation of the dignity, repute or authority of a judicial body or a judicial officer in his judicial capacity, or the publication of information or comment concerning a pending judicial proceedi | 2 | No set penalty, the court has the discretion to issue a sentence. Section 283(1) of the Criminal Procedure Act. | 2 | Certain aspects of the contempt crime are more appropriate than others. The lack of clarity around penalties is problematic. |
| 11 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 11 | Common Law | - | - | Justice | Perjury | Perjury at common law consists in the unlawful, intentional making of a false declaration under oath (or in a form allowed by law to be substituted for an oath) in the course of a legal proceeding. | 1 | No set penalty, the court has the discretion to issue a sentence. Section 283(1) of the Criminal Procedure Act. | 2 | The lack of clarity around penalties is problematic. |
| 12 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 12 | Common Law | - | - | Justice | Sedition | Sedition consists in the unlawful and intentional gathering of a number of people in order to defy or resist the authority of the government of the Republic, or the unlawful and intentional causing of such a gathering with such a purpose. | 3 | No set penalty, the court has the discretion to issue a sentence. Section 283(1) of the Criminal Procedure Act. | 2 | Defying the authority of government is sometimes warranted. The lack of clarity around penalties is problematic. |
| 13 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 13 | Common Law | - | - | Justice | High treason | High treason is committed by any person who, owing allegiance to the Republic of South Africa, unlawfully engages in conduct within or outside the Republic, with the intention of: overthrowing the government of the Republic; coercing the government by vi | 2 | No set penalty, the court has the discretion to issue a sentence. Section 283(1) of the Criminal Procedure Act. | 2 | The lack of clarity around penalties is problematic. |
| 14 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 14 | Common Law | - | - | Justice | Kidnapping | Kidnapping consists in unlawfully and intentionally depriving a person of his or her freedom of movement and/or, if such person is a child, his or her custodians of their control over him or her. | 1 | No set penalty, the court has the discretion to issue a sentence. Section 283(1) of the Criminal Procedure Act. | 2 | The lack of clarity around penalties is problematic. |
| 15 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 15 | Common Law | - | - | Justice | Arson | Arson consists of unlawfully and intentionally setting fire to immovable property belonging to another, or one's own immovable insured property with the intention of claiming the value of the property from the insurer. | 1 | No set penalty, the court has the discretion to issue a sentence. Section 283(1) of the Criminal Procedure Act. | 2 | The lack of clarity around penalties is problematic. |
| 16 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 16 | Mineral and Petroleum Resources Development Act (28 of 2002) | 2002 | 98(a)(i) | Mineral Resources and Energy | Contravention or failure to comply with section 5(4) of the Act | - | 0 | Fine up to R100,000 or imprisonment up to 2 years, or both (section 99(1)(a)). | 0 | Section 5(4) of the Act has been deleted, but the offence remains. |
| 17 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 17 | Mineral and Petroleum Resources Development Act (28 of 2002) | 2002 | 98(a)(i) | Mineral Resources and Energy | Not keeping proper records or submitting accurate reports | Mining right or permit holders must keep proper records of activities and finances, and must submit accurate monthly returns, audited annual financial report/financial statements, and an annual report detailing extent of compliance with section 2(d) and ( | 3 | Fine up to R100k or imprisonment up to 2 years, or both (section 99(1)(a)). | 4 | Section 2(d) concerns the 'substantial and meaningful' expansion of opportunities for HDIs to enter into and actively participate in the industry and to benefit from the exploitation of resources. Section 2(f) concerns the 'promotion' of employment and 'a |
| 18 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 18 | Mineral and Petroleum Resources Development Act (28 of 2002) | 2002 | 98(a)(ii) | Mineral Resources and Energy | Disallowing warrantless entry to a person authorised by the Minister in the vicinity of mining activities | Any person employed by the department who has been authorised by the minister may without a warrant enter any area where mining/exploration/prospection/production to inspect any activity, process, or operation carried out in or upon the area -- and requir | 4 | The penalty that may be imposed for perjury (section 99(1)(b)). | 3 | The implicit judicial discretion does render the penalty less severe. |
| 19 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 19 | Mineral and Petroleum Resources Development Act (28 of 2002) | 2002 | 98(a)(ii) | Mineral Resources and Energy | Obstructing, hindering, or opposing an authorised person | No person may obstruct/hinder/oppose any authorised person or any other person in the performance of their duties. | 4 | The penalty that may be imposed for perjury (section 99(1)(b)). | 4 | Duties associated with the Act often include going onto private property. That this provision empowers 'any other person' to potentially do so means that an owner might have good reason to obstruct. |
| 20 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 20 | Mineral and Petroleum Resources Development Act (28 of 2002) | 2002 | 98(a)(ii) | Mineral Resources and Energy | Occupational detriment against employee | Section 95(1) provides that holder of a right, permit or permission may not subject any of his or her employees to any occupational detriment on account, or partly on account, of any such employee disclosing information to the Minister, the Director-Gener | 3 | The penalty that may be imposed for perjury (section 99(1)(b)). | 3 | This would include, under section 95(1)(b), conducting a mining operation 'contrary to the objects' of sections 2(e) and (f) and the 'social and labour plan'. |
| 21 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 21 | Mineral and Petroleum Resources Development Act (28 of 2002) | 2002 | 98(a)(iii) | Mineral Resources and Energy | Contravention or failure to comply with retention permit obligations | Section 35(2) provides that holders of retention permits must give effect to environmental authorisation requirements and pay the prescribed fees, submit a 'progress report' every six months, and submit the permit for recording in the Mineral and Petroleu | 4 | Fine up to R500k or imprisonment up to 10 years, or both (section 99(1)(c)). | 4 | None of the obligations are serious enough to warrant imprisonment for up to 10 years if contravened, particularly section 35(2)(c), which relates to recording the permit. |
| 22 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 22 | Mineral and Petroleum Resources Development Act (28 of 2002) | 2002 | 98(a)(v) | Mineral Resources and Energy | Removing or demolishing any structures or objects | Section 44(1) provides that buildings, structures, or other objects identified by law, the Minister, or an agreement between the holder and the owner of the land, may not be removed or demolished when the permit or right comes to an end. | 2 | The penalty that may be imposed in a magistrate's court for a similar offence (section 99(1)(d)). | 2 | |
| 23 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 23 | Mineral and Petroleum Resources Development Act (28 of 2002) | 2002 | 98(a)(vi) | Mineral Resources and Energy | Contravention of or failure to comply secondary legislation | Contravention of or failure to comply with a directive, notice, suspension, order, instruction, or condition issued, given, or determined in terms of the Act | 4 | Fine up to R10k (section 99(1)(e)). | 3 | Criminalisation is properly a parliamentary, not executive, function. |
| 24 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 24 | Mineral and Petroleum Resources Development Act (28 of 2002) | 2002 | 98(a)(vii) | Mineral Resources and Energy | Contravention or failure to comply with any direction contemplated in section 29 | Section 29 empowers the Minister to 'direct' the submission of specified information or data from applicants, holders, owners and/or occupiers. | 4 | Fine up to R10k (section 99(1)(e)). | 3 | Criminalisation is properly a parliamentary, not executive, function. |
| 25 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 25 | Mineral and Petroleum Resources Development Act (28 of 2002) | 2002 | 98(a)(viii) | Mineral Resources and Energy | Contravention or failure to comply with the Act | This provision states that noncompliance with 'any other' provision of the Act is a criminal offence. | 4 | A fine or imprisonment up to 6 months or both (section 99(1)(g)). | 4 | This catch-all provision could give rise to some absurdities. The penalty associated is also a catch-all penalty, and does not specify the fine amount. |
| 26 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 26 | Mineral and Petroleum Resources Development Act (28 of 2002) | 2002 | 98(b) | Mineral Resources and Energy | Inaccurate, incorrect, or misleading information | Submitting inaccurate, incorrect, or misleading information in connection with any matter required to be submitted under the MPRDA | 4 | A fine or imprisonment up to 6 months or both (section 99(1)(g)). | 4 | Penalty associated is a catch-all penalty (i.e., not directed specifically at this crime) without a specified fine amount. This provision criminalises negligence and bona fide mistakes. |
| 27 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 27 | Mineral and Petroleum Resources Development Act (28 of 2002) | 2002 | 98(c) | Mineral Resources and Energy | Failure to obtain ministerial approval in terms of section 26(3) | Section 26(3) requires ministerial approval for the beneficiation outside South Africa of a mineral mined inside South Africa | 4 | Fine up to R500k for each day the contravention subsists (section 99(1)(f)). | 3 | Economic gatekeeping should not be a subject of criminal law. |
| 28 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 28 | Broadcasting Act (4 of 1999) [Electronic Communications Act (1 of 2014)] | 1999 [2014] | 27(8) | Commucations and Digital Technologies | Operating without a valid television licence | Failure to be in possession of a valid television licence is a civil offence. | 4 | Unstated | 4 | The penalty is not specified in the Act, and 'civil offence' is undefined. |
| 29 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 29 | Electronic Communications Act (36 of 2005) [Electronic Communications Act (1 of 2014)] | 2005 [2014] | 74(2)(a) | Commucations and Digital Technologies | Contravention or failure to comply with the licence terms and conditions as stated in section 8 of the Act | Failure to comply with any licence condition contained in the licence relating to construction or placing into service of electronic communications facilities or electronic communications networks. | 3 | Outsourcing of the construction facilities within 90 days. | 2 | |
| 30 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 30 | Electronic Communications Act (36 of 2005) [Electronic Communications Act (1 of 2014)] | 2005 [2014] | 74(2)(b) | Commucations and Digital Technologies | Contravention or failure to comply with the licence terms and conditions as stated in section 8 of the Act | Failure to comply with any licence condition contained in the licence relating to construction or placing into service of electronic communications facilities or electronic communications networks. | 3 | Placing into service of the electronic communications facilities or electronic communications networks within 90 days. | 2 | It is not clear from the Act what the consequences of not placing into service or outsourcing the electronic communications facilities or electronic communications networks within 90 days would be. |
| 31 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 31 | Electronic Communications Act (36 of 2005) [Electronic Communications Act (1 of 2014)] | 2005 [2014] | 67(1)(a) | Commucations and Digital Technologies | A licence holder giving an undue preference to any other licensee or person providing a service pursuant to a licence exemption. | A licence holder engaging in an act or intending to engage in any act that is likely to substantially prevent or lessen competition by giving an undue preference to any other licensee or person providing a service pursuant to a licence exemption. | 4 | The Independent Communications Authority (the Authority) imposes pro-competitive regulations upon licensees having significant market power. | 3 | This is inappropriate within the ambit of criminal law. The Act's criminalisation is, in general, a confused mess, where the line between administrative penalties and criminal penalties is significantly blurred. |
| 32 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 32 | Electronic Communications Act (36 of 2005) [Electronic Communications Act (1 of 2014)] | 2005 [2014] | 67(1)(b) | Commucations and Digital Technologies | A licence holder causing undue discrimination against any other licensee or person providing a service pursuant to a licence exemption | A licence holder engaging in an act or intending to engage in any act that is likely to substantially prevent or lessen competition by causing undue discrimination against any other licensee or person providing a service pursuant to a licence exemption. | 4 | The Independent Communications Authority (the Authority) imposes pro-competitive regulations upon licensees having significant market power. | 4 | This section of the legislation mirrors section 4 the Competition Commission Act (89 of 1998) as amended which prohibits what is titled: Restrictive horizontal practices. It is overbroad. The Act's criminalisation is, in general, a confused mess, where th |
| 33 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 33 | Films and Publications Act (65 of 1996) [Films and Publications Amendment Act (11 of 2019)] | 1996 [2019] | 24A(a) | Commucations and Digital Technologies | Distribution or exhibition in public of film or game without first having been registered with the Board as a distributor or exhibitor of films or games. | Any person who knowingly distributes or exhibits in public a film or game without first having been registered with the Board as a distributor or exhibitor of films or games shall be guilty of an offence. | 4 | Fine not exceeding R150 000 or imprisonment for a period not exceeding 6 months or both. | 4 | |
| 34 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 34 | Films and Publications Act (65 of 1996) [Films and Publications Amendment Act (11 of 2019)] | 1996 [2019] | 24E(1) | Commucations and Digital Technologies | Distribution of private sexual photographs and films in any medium without prior consent of the individual or individuals concerned. | Any person who knowingly distributes private sexual photographs and films in any medium including the internet and social media, without prior consent of the individual or individuals in the said sexual photographs and films with the intention to cause th | 1 | Fine not execeeding R150 000 or imprisonment for a period not execeeding 2 years or both. | 1 | |
| 35 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 35 | Films and Publications Act (65 of 1996) [Films and Publications Amendment Act (11 of 2019)] | 1996 [2019] | 24F | Commucations and Digital Technologies | Knowingly creating, producing, or contributing to or assisting in any film or photograph that depicts or describes sexual assault and violence against children | Any person who knowingly creates, produces or in any way contributes to or assists in any film or photograph which contains depictions, descriptions or scenes of sexual assault and violence against children shall be guilty of an offence. | 4 | Fine not execeeding R150 000 or imprisonment for a period not execeeding 2 years or both. | 4 | A film that describes sexual assault and violence against children could be a documentary or a fictional story. One ought not need to apply for an exemption. Instead, the criminalising provision must be narrowly framed. |
| 36 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 36 | Films and Publications Act (65 of 1996) [Films and Publications Amendment Act (11 of 2019)] | 1996 [2019] | 24G | Commucations and Digital Technologies | Distribution in any medium, including the internet and social media any film, game or publication which amounts to propaganda for war, incites imminent violence, or advocates hate speech. | Any person who knowingly distributes in any medium, including the internet and social media any film, game or publication which amounts to propaganda for war, incites imminent violence, or advocates hate speech, shall be guilty of an offence. | 2 | Fine not execeeding R150 000 or imprisonment for a period not execeeding 2 years or both. | 3 | |
| 37 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 37 | Films and Publications Act (65 of 1996) [Films and Publications Amendment Act (11 of 2019)] | 1996 [2019] | 24E(2) | Commucations and Digital Technologies | Distribution of private sexual photographs and films in any medium including through the internet, without prior consent of the individual or individuals and where the individual or individuals in the photographs or films is identified or identifiable in | Any person who knowingly distributes private sexual photographs and films in any medium including through the internet, without prior consent of the individual or individuals and where the individual or individuals in the photographs or films is identifie | 1 | Fine not execeeding R300 000 or imprisonment for a period not execeeding 4 years or both. | 1 | |
| 38 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 38 | Restitution of Land Rights Act (22 of 1994) | 1994 | 17(a) | Land Reform and Rural Development | Obstructing the passage of a claim | No person may in an improper manner obstruct the passage of the claim | 1 | Fine or imprisonment for a period not exceeding 3 months. | 1 | |
| 39 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 39 | Restitution of Land Rights Act (22 of 1994) | 1994 | 17(a) | Land Reform and Rural Development | Evicting a land claimant | No claimant resident on the land in question at the commencement of the Act may be evicted without permission from the Chief Land Claims Commissioner | 2 | Fine or imprisonment for a period not exceeding 3 months. | 2 | |
| 40 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 40 | Restitution of Land Rights Act (22 of 1994) | 1994 | 17(a) | Land Reform and Rural Development | Removing, destroying, or damaging improvements on land | No person may in any manner remove or destroy or damage any improvements upon the land without permission from the Chief Land Claims Commissioner | 2 | Fine or imprisonment for a period not exceeding 3 months. | 2 | |
| 41 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 41 | Restitution of Land Rights Act (22 of 1994) | 1994 | 17(a) | Land Reform and Rural Development | Entering or occupying land without permission | No claimant or other person may enter and occupy the land without the permission of the owner or lawful occupier | 1 | Fine or imprisonment for a period not exceeding 3 months. | 1 | |
| 42 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 42 | Restitution of Land Rights Act (22 of 1994) | 1994 | 17(b) | Land Reform and Rural Development | Failure to appear before the Commision on Restitution of Land Rights and produce the relevant documents within the specified timeframe. | Any person who having been directed to appear before a member of the Commission and to produce documents or objects in terms of section 12(1)(c), fails to appear at the specified time and place or to produce such documents or objects shall be guilty of an | 3 | Fine or imprisonment for a period not exceeding 3 months. | 4 | These penalties seem more appropriate for those who do not appear before a court. Being imprisoned for not appearing before 'a member' of an executive commission is inappropriate. |
| 43 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 43 | Restitution of Land Rights Act (22 of 1994) | 1994 | 17(c) | Land Reform and Rural Development | Hindering and obstructing the Commision on Restitution of Land Rights in the perfomance of its work. | Any person who hinders or obstructs the Commission in the performance of its functions shall be guilty of an offence. | 2 | Fine or imprisonment for a period not exceeding 3 months. | 2 | |
| 44 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 44 | Restitution of Land Rights Act (22 of 1994) | 1994 | 17(d) | Land Reform and Rural Development | Prevent or attempt to prevent an officer appointed in terms of section 8 or 9 from perfoming a function in terms of the Act. | Any person who prevents or attempts to prevent a duly authorised officer contemplated in section 8, or a person appointed in terms of section 9, from performing a function in terms of this Act shall be guilty of an offence. | 2 | Fine or imprisonment for a period not exceeding 3 months | 2 | The person contemplated in section 9 need not be an employee of the state and not a police official. |
| 45 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 45 | Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (19 of 1998) | 1998 | 3(1) | Land Reform and Rural Development | Soliciting payment of money or other consideration as a fee for arranging or organising or permitting a person to occupy land without the consent of the owner or person in charge of that land. | No person may directly or indirectly receive or solicit payment of any money or other consideration as a fee or charge for arranging or organising or permitting a person to occupy land without the consent of the owner or person in charge of that land. | 1 | Fine or imprisonment for a period not exceeding 2 years or both. | 1 | |
| 46 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 46 | Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (19 of 1998) | 1998 | 8(1) | Land Reform and Rural Development | Eviction of an unlawful land occupier without a court order. | No person may evict an unlawful occupier except on the authority of an order of a competent court. | 4 | Fine or imprisonment for a period not exceeding 2 years or both. | 3 | |
| 47 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 47 | Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (19 of 1998) | 1998 | 8(2) | Land Reform and Rural Development | Wilfull obstruction or interfere with an official in the employ of the State or a mediator in the performance of his or her duties in terms of this Act. | No person may wilfully obstruct or interfere with an official in the employ of the State or a mediator in the performance of his or her duties in terms of this Act. | 2 | Fine or imprisonment for a period not exceeding 2 years or both. | 2 | |
| 48 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 48 | Extension of Security of Tenure Act (62 of 1997) | 1997 | 23(1) | Land Reform and Rural Development | Eviction of an unlawful land occupier without a court order. | No person may evict an unlawful occupier except on the authority of an order of a competent court. | 4 | Fine or imprisonment for a period not exceeding 2 years or both. | 3 | |
| 49 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 49 | Extension of Security of Tenure Act (62 of 1997) | 1997 | 23(2) | Land Reform and Rural Development | Wilfull obstruction or interfere with an official in the employ of the State or a mediator in the performance of his or her duties in terms of this Act. | No person may wilfully obstruct or interfere with an official in the employ of the State or a mediator in the performance of his or her duties in terms of this Act. | 2 | Fine or imprisonment for a period not exceeding 2 years or both. | 2 | |
| 50 | MVS_S12 | 13/03/2024 08:32 AM | MVS_S12 | 13/03/2024 08:32 AM | 50 | Copyright Act (98 of 1978) | 1978 | 27(1)(a) | Trade, Industry and Competition | Making for sale or hire an article at a time when a copyright subsists in a work. | Any person who at a time when copyright subsists in a work makes for sale or hire shall be guilty of an offence. | 2 | A fine not exceeding five hundred rand or imprisonment for a period not exceeding six months or to both such fine and such imprisonment (First time-offenders).OR A fine not exceeding R1000 or to imprisonment for a period not exceeding 1 year or to both s | 4 | More appropriately a civil matter. |
| Ref No | Origin | Year | Section | Portfolio | Crime name | Crime description | Justness | Penalty | Proportionality | Notes |
