CRIMINALISATION OF THE VIOLATION OF A GRAVE AND THE VIOLATION OF A DEAD BODY

Abstract

The history and functioning of the common law crimes of violating a grave and violating a dead body are discussed in the context of their continued role in modern South African society. It is submitted that these crimes remain both useful and a significant indicator of the boni mores, and indeed that the rationale for their continued existence has been bolstered by the infusion of constitutional values into
criminal law jurisprudence.