Section 109: Conspiracy
consolidated text (as at 2011). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
109. Conspiracy
(1) Any person who agrees with one or more other persons to do an act
which is unlawful, wrongful or harmful to another person, or to use unlawful
means in the carrying out of an object not otherwise unlawful, shall commit
an offence and shall, on conviction, be liable to penal servitude for a term
not exceeding 10 years and to a fine not exceeding 100,000 rupees.
(2) Where the agreement is to commit murder, manslaughter, an international crime as defined in the International Criminal Court Act or an offence
related to terrorism under the Prevention of Terrorism Act, the person
charged shall, on conviction, be liable to the same penalty as would have
been applicable to an accomplice.
[S. 109 reprinted by Reprint 2 of 1983; amended by Act 10 of 1985; Act 29 of 1990; Act 5
of 1999; s. 34 (1) of Act 2 of 2002 w.e.f. 16 March 2002; s. 8 of Act 36 of 2008
w.e.f. 6 December 2008; s. 44 (1) of Act 27 of 2011 w.e.f. 15 January 2012.]
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Questions this section answers
- What is the general penalty for agreeing with others to do something unlawful or harmful?
- Is the penalty higher for conspiring to commit murder or a terrorism offence?