By Brig Dirk Lambrechts
Introduction
A petty crime/offence (Afrikaans: “‘n geringe/nietige/klein misdaad/misdryf”) means that the crime/offence concerned (usually theft-related, but see S v Visagie infra) is embodied in the Latin maxim de minimis non curat lex which literally means that “the law does not concern itself with trifles or paltriness”. Translated into Afrikaans, it means that “die reg bemoei dit nie met beuselagtighede of onbenullighede nie”.
Question
In a discussion entitled “Have things – crime wise – changed over recent years?” published in Servamus: May 2023, Pollex concluded by stating what happened, according to a news report in a local newspaper, at the Annual General Meeting of the Bellville Community Police Forum (BCPF) in the Cape Peninsula.
It was reported that when Brig Phindiwy Ntungele, the Station Commander of Bellville Police Station, was asked by the BCPF chairman whether she would like to add something to the comments made during the meeting, Brig Ntungele said “residents should keep the judicial system in mind. Often when criminals are arrested for petty crime, the court throws out the case and they are back on the streets in no time. Some of them even know the names of the cooks at the holding cells”.
Brig Ntungele concluded by stating that “this would, however, not deter the police officials at her station”.
A reader now wants to know, when is a crime/offence considered as “petty” and when not?
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[This is only an extract of a question and answer that is published in Ask Pollex in Servamus: August 2023. This article is available for purchase.]