By Brig Dirk Lambrechts
Image courtesy of FreePik
Question
A Servamus reader informed Pollex that she often hears about the media and even politicians referring to extortion – including when reference is made to the so-called construction mafia. She noted that it seems that this problem/crime/offence is currently rife (widespread) in our country. She requested Pollex to refresh the memories of all law enforcement officers – in particular SAPS members – regarding the law (and names) applicable to the offence of “common law extortion”.
Answer
Definition of “common law extortion”
On p369 of Snyman’s Criminal Law, seventh edition, as published by LexisNexis, the “common law offence of extortion” (Afrikaans: “afpersing”) is defined as meaning “that it is committed when a person unlawfully and intentionally obtains some advantage, which may be of either a patrimonial or a non-patrimonial nature, from another by subjecting the latter to pressure which induces him or her to hand over the advantage”.
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[This is only an extract of an article that is published in Servamus: February 2025. This article is available for purchase.]