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Constitutional Court of South Africa

The Constitutional Court of South Africa is a supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of 1996. The Court sits in the city of Johannesburg. The Constitutional Court has jurisdiction to hear any matter if it is in the interests of justice for it to do so. (Banner image credit: By André-Pierre from Stellenbosch, South Africa.)

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Constitutional Court, 1 Hospital Street, Constitution Hill, Braamfontein, South Africa, 2017

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1 judgment

Citation	Judgment date
August 2003
Thebus and Another v S [2003] ZACC 12 (28 August 2003) Reported Common‑purpose doctrine upheld; pre‑trial silence cannot alone found an adverse inference, but late alibi disclosure may affect credibility. Criminal law — common purpose — requirement of active association and subjective foresight; causation not required for liability in consequence crimes; section 39(2) development — doctrine constitutional. Constitutional law — right to remain silent (s35(1)(a), s35(3)(h)) — no adverse inference of guilt may be drawn from pre‑trial silence once warned; late disclosure of alibi may affect credibility and weight; cross‑examination on reasons for silence permissible if fair.	28 August 2003

Citation

Judgment date

August 2003

Thebus and Another v S [2003] ZACC 12 (28 August 2003)

Reported

Common‑purpose doctrine upheld; pre‑trial silence cannot alone found an adverse inference, but late alibi disclosure may affect credibility.

Criminal law — common purpose — requirement of active association and subjective foresight; causation not required for liability in consequence crimes; section 39(2) development — doctrine constitutional. Constitutional law — right to remain silent (s35(1)(a), s35(3)(h)) — no adverse inference of guilt may be drawn from pre‑trial silence once warned; late disclosure of alibi may affect credibility and weight; cross‑examination on reasons for silence permissible if fair.

28 August 2003