South Africa Case Law

Attoney-General of Natal v Ndlovu (73/86)

Attoney-General of Natal v Ndlovu (73/86) [1987] ZASCA 145 (30 November 1987)

Court

Supreme Court of Appeal

Case number

73/86

Judges

Rabie, Joubert, Hefer, Boshoff, Steyn

The Supreme Court of Appeal held that negligence (culpa) is not sufficient to constitute an offence under section 8(1)(d) of the Publications Act, No. 42 of 1974. The court reasoned that adopting negligence as the required fault would lead to unjust and unrealistic consequences, given the diverse levels of education and awareness among the South African population. The court found that the legislature could not have intended to impose criminal liability based on an objective standard of negligence for possession of prohibited publications, as this would require individuals to constantly monit…

Source excerpt

• Mens Rea
• Dolus Eventualis
• Culpa
• Statutory Offences
• Publication Control