(1)A person’s mistake of law or ignorance of the law is not a defence to a charge for an offence unless it is otherwise provided by written law.
Section history
Section 79A — Mistake of law or ignorance of law not defence
As in force on 10 February 2020.
Timeline 3 versions
- 1 January 2020 Act 15 of 2019
- 10 February 2020 You are here
- 1 March 2022 Act 23 of 2021
- 17 August 2026 Latest
(2)Despite subsection (1), when a mistake of law negates the fault element required to establish liability under an offence, then to avoid doubt, that offence is not made out.
Illustration
A mistakenly believes he has in law the right to deprive Z of a watch. A intentionally takes the watch out of Z’s possession without Z’s consent while labouring under such mistaken belief. A has not committed an offence of theft as he did not intend to dishonestly take the watch out of Z’s possession.