[Sections 50(6), 58 and 60(11) and (11A)]
Murder, when—
| (a) |
it was planned or premeditated; |
| (i) |
a law enforcement officer performing his or her functions as such, whether on duty or not, or a law enforcement officer who was killed by virtue of his or her holding such a position; or |
| (ii) |
a person who has given or was likely to give material evidence with reference to any offence referred to in Schedule 1; |
| (c) |
the death of the victim was caused by the accused in committing or attempting to commit or after having committed or having attempted to commit one of the following offences: |
| (i) |
Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; or |
| (ii) |
robbery with aggravating circumstances; or |
| (d) |
the offence was committed by a person, group of persons or syndicate acting in the execution or furtherance of a common purpose or conspiracy. |
Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively—
| (i) |
in circumstances where the victim was raped more than once, whether by the accused or by any co-perpetrator or accomplice; |
| (ii) |
by more than one person, where such persons acted in the execution or furtherance of a common purpose or conspiracy; |
| (iii) |
by a person who is charged with having committed two or more offences of rape; or |
| (iv) |
by a person, knowing that he has the acquired immune deficiency syndrome or the human immunodeficiency virus; |
| (i) |
is a person under the age of 16 years; |
| (ii) |
is a physically disabled person who, due to his or her physical disability, is rendered particularly vulnerable; or |
| (iii) |
is a person who is mentally disabled as contemplated in section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; or |
| (c) |
involving the infliction of grievous bodily harm. |
Trafficking in persons for sexual purposes by a person as contemplated in section 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
Any offence referred to in section 4 and involvement in these offences as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act, 2013.
[Schedule 6 item substituted by section 13 of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]
Robbery, involving—
| (a) |
the use by the accused or any co-perpetrators or participants of a firearm; |
| (b) |
the infliction of grievous bodily harm by the accused or any of the coperpetrators or participants; or |
| (c) |
the taking of a motor vehicle. |
An offence referred to in Schedule 5—
| (a) |
and the accused has previously been convicted of an offence referred to in Schedule 5 or this Schedule; or |
| (b) |
which was allegedly committed whilst he or she was released on bail in respect of an offence referred to in Schedule 5 or this Schedule. |
The offences referred to in section 2, 3(2)(a), 4(1), 4A, 5, 6, 7, 8, 9, 10 or 14 (in so far as it relates to the aforementioned sections) of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004, sections 133 or 142(2A), read with section 142(6), of the Civil Aviation Act, 2009 (Act No. 13 of 2009), section 26(1)(j) of the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993) and section 56(1)(h) of the Nuclear Energy Act, 1999 (Act No. 46 of 1999).
[Schedule 6 item substituted by section 24(8) of the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022 (Act No. 23 of 2022), Notice No. 1533, G47803, dated 29 December 2022 - effective 4 January 2023 per Proclamation Notice 110, GG47820, dated 4 January 2023]
[Schedule 6 substituted by section 68 of Act No. 32 of 2007]
Statistics Act, 1999
