PERJURY

PERJURY
Definition: The unlawful & intentional making of a false statement, upon oath, affirmation or admonition, in the course of a judicial proceeding.

163 of the CPA

Elements of the Crime:

1. 2. 3. 3. 4. 5. the making of a declaration / statement which is false under oath / affirmation / admonition in the course of a judicial proceeding unlawfulness intention.

Elements of the Crime:

1. Declaration / Statement 2. False
- subjective / objective falsity

3. Oath / Affirmation / Admonition 4. Judicial Proceeding

= proceedings in which rights are legally determined and liability imposed by a competent authority upon a consideration of facts and circumstances placed before it. (R v Beukman 1950 (4) SA 261 (O)).

5. Unlawfulness 6. Intention.

SUBORNATION OF PERJURY
= unlawfully and intentionally inducing another person to commit perjury.

CONFLICTING STATEMENTS UNDER OATH

s.319(3) of the CPA 56 of 1955 *Not: CPA 51 of 1977*
If a person has made any statement on oath whether orally or in writing, and he thereafter on another oath makes another statement as aforesaid, which is in conflict with such firstmentioned statement, he shall be guilty of an offence and may, on a charge alleging that he made the two conflicting statements, and upon proof of those two statements and without proof as to which of the said statements was false, be convicted of such offence and punished with the penalties prescribed by law for the crime of perjury, unless it is proved that when he made each statement he believed it to be true.

CONTEMPT OF COURT

Definition:
unlawfully and intentionally violating the dignity, repute or authority of a judicial officer or a judicial body, or interfering with the administration of justice in a matter pending before it.

Interests protected:
the right of all citizens to a fair trial ensuring that the public maintains its confidence in the judiciary, and upholding the integrity of judicial officers and instructions.

Interesting elements of the crime:

may manifest itself in various different forms sometimes dealt with by means of civil law may be convicted for contempt committed within the court in the presence of presiding officer.

Essential Elements of the Crime:

1. 2. 3. 4. Contempt Judicial Body or Judicial Officer Unlawfulness Intention.

1. Contempt

Classification of Types of Conduct Constituting Contempt From: Snyman 325.

Contempt of Court

Contempt in facie curiae

Contempt ex facie curiae

Referring to a pending case

Not referring to a pending case

Commentary on pending case Interference with witnesses or court Failing to appear in court

Scandalising the court Failure to comply with order of court Obstructing court officials Simulating court processes