Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be justified by law, in doing it.
Section history
Section 79 — Act done by a person justified, or by mistake of fact believing himself justified by law
As in force on 12 November 1993.
Timeline 5 versions
- 30 March 1987 Enacted
- 12 November 1993 You are here
- 1 February 2008 Act 51 of 2007
- 1 January 2020 Act 15 of 2019
- 1 March 2022 Act 23 of 2021
- 17 August 2026 Latest
Illustration
A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the act, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.