THE INTIMIDATINGLY BROAD CRIME OF INTIMIDATION S v Cele 2008 JDR 0123 (N)

Abstract

The criminalization of intimidatory conduct has been a feature of South African criminal law since the 19th century. Since the earliest forms of the offence, enacted by the pre-Union legislatures, the nature of the prohibition has gradually metamorphosised through successive legislative reformulations from being applied within a narrow labour-related context to a far wider sphere of application. The current formulation of the offence is to be found in section 1(1) of the Intimidation Act 72 of 1982 (hereinafter “the Act”).
The “cosmic scope” of the offence has been the focal point of both academic and judicial criticism. The judgment in S v Cele (2008 JDR 0123 (N)) reflects noteworthy judicial reluctance to allow a conviction for intimidation, and provides an opportunity to deal (necessarily briefly) with some pertinent matters.