Abstract
Public violence has generally been regarded as a non-political common law crime, unlike the offence of treason and sedition. The offence is classified as an offence against public order rather than against the State.1 Snyman says of public violence that ‘the interests protected here are the public peace and order and it is the nature of these protected interests that distinguishes this crime from sedition where there is also an unlawful gathering of a number of people, but where the interest protected is the authority of the government.’2
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Notes
E. M. Burchell and P. M. A. Hunt, South African Criminal Law and Procedure vol. 2 (2nd edition by John Milton) (Cape Town: Juta and Co, 1982) (hereinafter referred to as Milton).
W. Joubert (ed.) Laws of South Africa vol. 6 (‘Common Law Crimes’, by C. R. Snyman) (Durban: Butterworths, 1981), para 182 (hereinafter referred to as 6 LAWSA).
Barend van Niekerk, ‘Mentioning the Unmentionable: Race as a Factor in Sentencing’ (1979) 3 SACC, 151, 154.
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© 1990 N. Chabani Manganyi and André du Toit
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Plasket, C. (1990). Sentencing in Cases of Public Violence. In: Manganyi, N.C., du Toit, A. (eds) Political Violence and the Struggle in South Africa. Palgrave Macmillan, London. https://doi.org/10.1007/978-1-349-21074-9_13
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DOI: https://doi.org/10.1007/978-1-349-21074-9_13
Publisher Name: Palgrave Macmillan, London
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