, USE THIS DOCUMENT AS A GUIDE FOR ANSWERING YOUR QUESTIONS
CRW2601 ASSIGNMENT 1 SEMESTER 1 2026
ANSWERS
DUE DATE : 27 MARCH 2026
X is the leader of a dangerous human trafficking gang. He is afraid that Z, the leader of
another gang in the same town, will try to kill him. He instructs Y, who is his neighbour, to
shoot Z. X threatens Y that he (X) will kill both Y and Y’s wife if he (Y) does not obey X’s
orders. Y, who is terrified of X, shoots and kills Z. Y is charged with the murder of Z. You are
Y’s legal representative. Discuss which defence you will invoke to ensure a complete acquittal
of Y.
(2 ANSWERS PROVIDED)
Requirements for Necessity and Application
The first requirement is the existence of a real and serious threat. The danger must involve harm
to a legally protected interest such as life or bodily integrity. Here, the threat issued by X was one of
death, directed at both Y and his wife. Given X’s known criminal nature, the threat was credible and
serious, satisfying this requirement (Burchell; Kemp et al., Criminal Law in South Africa).
The second requirement is that the threat must be imminent or impending. The law does not
require that the harm be instantaneous, but it must be sufficiently immediate to create a situation of
pressing emergency. In this scenario, the threat created a continuing and immediate danger, leaving
Y with the belief that refusal would result in swift retaliation. Courts have recognised that threats
from dangerous individuals may create such a state of ongoing imminence (S v Goliath 1972 (3) SA
1 (A)).
The third requirement is that the accused must not have caused or contributed to the threat. Y
did not initiate or participate in the conflict between X and Z, nor did he place himself in a situation
where such coercion was foreseeable. He was merely X’s neighbour and an unwilling participant,
which means this requirement is clearly met (Snyman).
CRW2601 ASSIGNMENT 1 SEMESTER 1 2026
ANSWERS
DUE DATE : 27 MARCH 2026
X is the leader of a dangerous human trafficking gang. He is afraid that Z, the leader of
another gang in the same town, will try to kill him. He instructs Y, who is his neighbour, to
shoot Z. X threatens Y that he (X) will kill both Y and Y’s wife if he (Y) does not obey X’s
orders. Y, who is terrified of X, shoots and kills Z. Y is charged with the murder of Z. You are
Y’s legal representative. Discuss which defence you will invoke to ensure a complete acquittal
of Y.
(2 ANSWERS PROVIDED)
Requirements for Necessity and Application
The first requirement is the existence of a real and serious threat. The danger must involve harm
to a legally protected interest such as life or bodily integrity. Here, the threat issued by X was one of
death, directed at both Y and his wife. Given X’s known criminal nature, the threat was credible and
serious, satisfying this requirement (Burchell; Kemp et al., Criminal Law in South Africa).
The second requirement is that the threat must be imminent or impending. The law does not
require that the harm be instantaneous, but it must be sufficiently immediate to create a situation of
pressing emergency. In this scenario, the threat created a continuing and immediate danger, leaving
Y with the belief that refusal would result in swift retaliation. Courts have recognised that threats
from dangerous individuals may create such a state of ongoing imminence (S v Goliath 1972 (3) SA
1 (A)).
The third requirement is that the accused must not have caused or contributed to the threat. Y
did not initiate or participate in the conflict between X and Z, nor did he place himself in a situation
where such coercion was foreseeable. He was merely X’s neighbour and an unwilling participant,
which means this requirement is clearly met (Snyman).
