Overview
The Scales of Justice Plaza
Justice cannot function if truth, evidence, and lawful procedure are corrupted.
The Scales
The Scales of Justice Plaza stays balanced only while truth, honesty, and lawful procedure are preserved. These crimes protect the administration of justice as a public institution.
Four Avenues
- PERJURY HALL — false statements under oath
- DEFEATING THE ENDS OF JUSTICE — obstructing or frustrating the justice system
- OBSTRUCTION ALLEY — interfering with officials performing their duties
- CONTEMPT TOWER — undermining the authority of the courts
The Bridge to Fraud Market
Fraud protects economic and proprietary interests. Public Justice crimes protect the justice system itself — the machinery by which all law is enforced.
Perjury
Perjury Hall
Perjury: making a false statement under oath where the law requires truthfulness.
The False Witness
The False Witness raises an oath-taking hand while lying. The oath is broken and the court is deceived. Common-law perjury is committed in the course of judicial proceedings.
Perjury = the unlawful and intentional making of a false statement under oath (or affirmation/admonition) in the course of legal (judicial) proceedings. The accused must KNOW the statement is false.
No materiality requirement
Unlike English law, South African common-law perjury does NOT require the false statement to be material to the proceedings — a knowingly false statement under oath in judicial proceedings suffices, whether or not it is relevant to the outcome.
Statutory perjury
Where a false statement is made under oath OUTSIDE judicial proceedings (e.g. in a false affidavit), it is dealt with as "statutory perjury" under the Justices of the Peace and Commissioners of Oaths Act 16 of 1963.
Exam trap 1: materiality is NOT a requirement of SA common-law perjury. Exam trap 2: a genuine, honest mistake is not perjury — the accused must KNOW the statement is false.
Defeating Justice
Defeating the Ends of Justice
Conduct that obstructs, frustrates, or undermines the administration of justice.
The Saboteur
The Saboteur destroys evidence, hides suspects, misleads investigators, interferes with proceedings. Any act that prevents justice from running its course.
Defeating the ends of justice is a broad crime covering any conduct that unlawfully and intentionally obstructs or frustrates the administration of justice.
Examples
- Destroying, concealing, or altering evidence
- Helping a suspect to flee or hide
- Threatening or bribing witnesses
- Providing false information to investigators
- Interfering with court proceedings or officials
The Evidence Archive
Files disappear, records are altered, documents are hidden. The archive represents everything that the justice system relies on to determine the truth.
Exam trap: the accused need not succeed in defeating justice — the intention and the act of obstruction are sufficient, even if the justice system overcomes the interference.
Obstruction
Obstruction Alley
Obstructing or resisting officials lawfully performing their public duties.
The Gate Blocker
The Gate Blocker prevents officials from carrying out their duties. Police officers, court officers, and other public servants performing lawful functions are protected.
Obstruction requires unlawfully and intentionally obstructing or hindering a public official in the lawful performance of their duties.
Examples
- Resisting lawful arrest
- Obstructing police in the execution of a search warrant
- Preventing a court order from being served
- Physically blocking officials from performing their functions
Exam trap: the official must be performing their duties lawfully. Resisting an unlawful arrest (one without authority) is not obstruction — though force used in resistance must still be proportionate.
Contempt
Contempt Tower
Conduct that undermines the authority, dignity, and functioning of the courts.
The Tallest Structure
The Contempt Tower stands highest in the district. Courts derive their authority from the rule of law — conduct that undermines them strikes at the foundation of the legal system.
Contempt of court encompasses: (1) disobedience of court orders; (2) conduct that scandalises the court; (3) conduct that prejudices pending proceedings.
Forms of Contempt
- Wilful disobedience of a court order
- Insulting or scandalising the court or judge
- Publishing material that prejudices a pending trial (sub judice)
- Disrupting court proceedings
Comparison Wall
- PERJURY: False oath → truthfulness under oath protected
- DEFEATING JUSTICE: Obstructs proceedings → administration of justice protected
- OBSTRUCTION: Blocks officials → public duties protected
- CONTEMPT: Undermines court → authority and dignity of courts protected