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67 people are murdered in South Africa every day. 

As the country with the third highest crime rate in the world, it is crucial that South Africans have a basic understanding of legal systems and definitions.

What Is First & Second Degree Murder?

‘First and second degree’ are 2 fundamental murder categories referring to the circumstances in which the murder was committed.

The South African legal system defines murder as the unlawful and intentional causing of death to another human being. Each murder is categorised by analysing 3 characteristics of the act:

• The reason for the murder
• Weapons or objects used in the murder
• Intent

Once the category of murder has been identified, the sentence and penalties of the accused can be implemented.

What Are the Differences Between Murder Charges?

The fundamental difference between the two categories of murder is intent. The level of intent will have the greatest impact on the total sentence. 

South Africa’s legal system has categorised murder into first and second degree in order to simplify the sentencing process. In doing so, the level of punishment is given clarity and becomes easier to identify.

What is First Degree Murder?

In order to be classified as first-degree murder, the law states that it must have 3 characteristics:

• Malice
• Intent
• Premeditation

If the act has all 3 of these attributes, it is classified as first-degree murder. 

How is First Degree Murder Proven?

Malice

First-degree murder has to be committed with what is called malice aforethought.  

This means that the act must have been committed with a disregard for the victim’s life and a direct intention to cause harm.

Intent

Intent is centred around the purpose of undertaking an action, or series of actions, which break the law. 

Premeditation

In order to be classified as a first-degree murder, the act must also be premeditated. 

When the crime has been purposefully planned to end the victim’s life before it is committed, it can only then be characterised as a murder of first degree.

A murder must contain all 3 of these characteristics in order to be classified as a first degree murder.

What is The Sentence for First Degree Murder in South Africa?

The sentence for a first-degree murder in South Africa, under section 11 of the Criminal Law Consolidation Act, is a maximum penalty of life imprisonment.

Life imprisonment is the mandatory punishment for first-degree murder in South Africa and has an undetermined length lasting the rest of the prisoner’s life.

What is Second Degree Murder?

Second-degree murder is a lower level of murder which is characterised by the offender intending to cause harm to the victim without premeditation.

While first and second-degree murder shares many similarities, the fundamental factor that defines a second-degree murder lies in the premeditation itself. 

Second-degree murder is carried out with malice and intent. However, no planning takes place before the act.  

What is The Sentence for Second Degree Murder in South Africa?

The sentence for second-degree murder in South Africa can range from 15 years to life imprisonment. 

This sentence depends on certain factors known as aggravating circumstances.

Questions surrounding aggravating circumstances include:

Is It a First Time Offence?

First-time offenders will receive a minimum of 15 years’ imprisonment for committing second-degree murder. Second and third-time offenders may receive anything upward from 20-25 years.  

Is the Victim a Law-Enforcement Officer?

If a second-degree murder is committed on a law enforcement officer, the charge is moved to a first-degree level. 

The offender will only be eligible for parole after 25 years in this circumstance.

Was the Death Caused by the Accused While Breaking Other Laws?

If the murder was committed while the accused was breaking other laws, the sentence will be increased. 

Examples of these laws include:

• Sexual assault
• Robbery
• Mugging
• Hijacking
• Racketeering (‘Gangsterism’)

Second-degree murder has far more variables to consider when compared to first-degree murder, making it far more difficult to pinpoint an average sentencing for the crime.

In Conclusion

South African murder law is a complex and intricate system with many variables and circumstances. By categorising murder into levels, murder trials are simplified and order is given to the legal process.

By knowing the difference between first and second-degree murder in South Africa, one can gain a far better understanding of the country’s justice system and its legal procedures.

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