S v Frederiksen (33/2016)
S v Frederiksen (33/2016) [2017] ZAFSHC 161; 2018 (1) SACR 29 (FB) (14 September 2017)
The court found that sections 55 and 58 of the National Health Act do not create criminal offences, as the Act does not prescribe penalties for their contravention. The principle of legality, enshrined in the Constitution, prohibits conviction for conduct not criminalised at the time of commission. The repealed Human Tissue Act did create offences, but the current Health Act does not. Therefore, the accused must be discharged on counts 8 to 27. Regarding count 54, the court held that conspiracy is a distinct crime under South African law if the agreement is entered into within South Africa, e…
Source excerpt
- Principle Of Legality
- Criminal Offences Under Health Act
- Conspiracy To Commit Murder
- Witness Influence
- Section 174 Discharge