Recap: AoJ Crimes

Which crime is committed?

• 12 men accused in the Caprivi treason trial
interrupted court proceedings by singing and
shouting slogans while the court was in
session (2006). The men sang and shouted:
“Viva Caprivi”; “Viva Muyongo”; “Viva Mamili”.
The presiding judge had to order the police to
remove all the suspects from the courtroom.
(1 Crime)
 Which crime is committed?
• In 2005 a rape charge was laid against a certain Const.
Hangula at the Tsumeb Police Station. The complainant,
however, withdrew the charge shortly thereafter. It came
to light that the complainant had allegedly been
approached with an offer of payment if she agreed to
withdraw the charge. In the aftermath of that, it is further
transpired the docket on the investigation of the charge
against Hangula disappeared while in the care of the
Tsumeb Police. Upon investigating the disappearance it
was found that Detective Inspector Abner Ag as and
Detective Sergeant Kaypiti also being charged
orchestrated the disappearance of the docket.
(1 + 3 crimes)
 Crimes against the Community
1. Corruption
2. Extortion
3. Drug Offences
4. Unlawful possession of firearms or
ammunition
 1. Extortion
Consider the following:
• X1, a court interpreter contacted Y, a medical doctor with
an offer that if the doctor paid him N$40 000, he would
hand the doctor a file of documents which formed the
basis of allegations that the doctor had been submitting
fraudulent claims to the Public Service Employees
Medical Aid Scheme (PSEMAS). The doctor alerted the
Police. X admitted to the police his wrongdoing and
informed the police that he was assisted by X2, who
worked as a casual interpreter at the Windhoek
Magistrate Court, who provided him with a Justice
Ministry rubber stamp. A rubber stamp was found at X2’s
home in Khomasdal when the police searched the
premises after his arrest.
 Elements of the crime
1. the acquisition of
2. a benefit
3. by applying pressure
4. a casual link (between the pressure and the
benefit)
5. unlawfulness
6. intention
 Discussion
a. The perpetrator
• Any person
• Not just public officials

b. Exertion of pressure
• Form = inspiring of fear; intimidation; threats with
defamation; dismissal from employment; treats of
prosecuting a 3rd person; etc.
• Treat of physical injury (Y) = extortion overlaps with robbery!
 Discussion (continues)
c. The benefit
• Both patrimonial and non-patrimonial
• Examples?

d. Causation
• between the pressure and the benefit
• Benefit handed over in a traps?
• Crime?
 Discussion (continues)
e. Unlawfulness
• Even police officers may commit the
crime
f. Intention
• X must not the entitled to the benefit
• Motive irrelevant!