Schedule 2 (Section 51)
PART 1
Murder, when-
(a) it was planned or premeditated;
(b) the victim was-
(i) a law enforcement officer performing his or her functions as such, whether
on duty or not; or
(ii) a person who has given or was likely to give material
evidence with reference to any offence referred to in Schedule 1 to the
Criminal Procedure Act, 1977 (Act 51 of 1977), at criminal proceedings in any
court;
(c) the death of the victim was caused by the accused in committing or
attempting to commit or after having committed or 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 as defined in section 1 of the
Criminal Procedure Act, 1977 (Act 51 of 1977); 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 as contemplated in section 3 of the Criminal Law (Sexual Offences and
Related Matters) Amendment Act, 2007, respectively-
(a) when committed-
(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 has been convicted of two or more offences of rape, but
has not yet been sentenced in respect of such convictions; or
(iv) by a person, knowing that he has the acquired immune deficiency syndrome
or the human immunodeficiency virus;
(b) where the victim-
(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.
Compelled rape as contemplated in section 4 of the Criminal Law (Sexual
Offences and Related Matters) Amendment Act, 2007, respectively-
(a) when committed-
(i) in circumstances where the victim was raped more than once by one or more
than one person;
(ii) by a person who has been convicted of two or more offences of compelled
rape, but has not yet been sentenced in respect of such convictions; or
(iii) by a person, knowing that the person he or she compelled to commit the
offence in question has the acquired immune deficiency syndrome or the human
immunodeficiency virus;
(b) where the victim-
(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.
Any offence referred to in section 2, 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, when it is proved
that the offence has-
(a) endangered the life or caused serious bodily injury to or the death of, any
person, or any number or group of persons;
(b) caused serious risk to the health or safety of the public or any segment of
the public; or
(c) created a serious public emergency situation or a general insurrection.
Trafficking in persons for sexual purposes by a person contemplated in section
71 (1) or (2) of the Criminal Law (Sexual Offences and Related Matters)
Amendment Act, 2007.
P ART II
Murder in circumstances other than those referred to in Part I.
Robbery-
(a) when there are aggravating circumstances; or
(b) involving the taking of a motor vehicle.
(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 has been convicted of two or more offences of rape, but
has not yet been sentenced in respect of such convictions; or
(iv) by a person, knowing that he has the acquired immune deficiency syndrome
or the human immunodeficiency virus;
(b) where the victim-
(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.
Compelled rape as contemplated in section 4 of the Criminal Law (Sexual
Offences and Related Matters) Amendment Act, 2007, respectively-
(a) when committed-
(i) in circumstances where the victim was raped more than once by one or more
than one person;
(ii) by a person who has been convicted of two or more offences of compelled
rape, but has not yet been sentenced in respect of such convictions; or
(iii) by a person, knowing that the person he or she compelled to commit the
offence in question has the acquired immune deficiency syndrome or the human
immunodeficiency virus;
(b) where the victim-
Any offence referred to in section 13 (f) of the Drugs and Drug Trafficking
Act, 1992 (Act 140 of 1992), if it is proved that-
(a) the value of the dependence-producing substance in question is more than
R50 000,00;
(b) the value of the dependence-producing substance in question is more than
R10 000,00 and that the offence was committed by a person, group of persons,
syndicate or any enterprise acting in the execution or furtherance of a common
purpose or conspiracy; or
(c) the offence was committed by any law enforcement officer.
Any offence relating to-
(a) the dealing in or smuggling of ammunition, firearms, explosives or
armament; or
(b) the possession of an automatic or semi-automatic firearm, explosives or
armament.
Any offence relating to exchange control, extortion, fraud, forgery, uttering,
theft, or an offence in Part 1 to 4, or section 17, 20 or 21 (in so far as it
relates to the aforementioned offences) of Chapter 2 of the Prevention and
Combating of Corrupt Activities Act, 2004-
(a) involving amounts of more than R500 000,00;
(b) involving amounts of more than R100 000,00, if it is proved that the
offence was committed by a person, group of persons, syndicate or any
enterprise acting in the execution or furtherance of a common purpose or
conspiracy; or
(c) if it is proved that the offence was committed by any law enforcement
officer-
(i) involving amounts of more than R 10 000,00; or
(ii) as a member of a group of persons, syndicate or any enterprise acting in
the execution or furtherance of a common purpose or conspiracy.
Any offence referred to in section-
(a) 2,5,6,7,8,9, 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, in circumstances other than those referred to in Part I;
or
(b) 4 or 13.
PART III
Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law
(Sexual Offences and Related Matters) Amendment Act, 2007, respectively in
circumstances other than those referred to in Part I.
Sexual exploitation of a child or sexual exploitation of a person who is
mentally disabled as contemplated in section 17 or 23 or using a child for
child pornography or using a person who is mentally disabled for pornographic
purposes, as contemplated in section 20(1) or 26(1) of the Criminal Law (Sexual
Offences and Related Matters) Amendment Act, 2007, respectively.
Assault with intent to do grievous bodily harm on a child under the age of 16
years.
Any offence in contravention of section 36 of the Arms and Ammunition Act, 1969
(Act 75 of 1969), on account of being in possession of more than 1000 rounds of
ammunition intended for firing in an arm contemplated in section 39 (2) (a) (i)
of that Act.
Any trafficking related offence by a commercial carrier as contemplated in
section 71 (6) of the Criminal Law (Sexual Offences and Related Matters)
Amendment Act, 2007.