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Title:Reflections on the defence of provocation in Swaziland
Author:Mabirizi, Deogratias
Periodical:Jahrbuch für afrikanisches Recht
Geographic term:Swaziland - Eswatini
Abstract:Provocation in Swaziland in cases other than murder is guided by the common law. It is not entirely clear what common law is applicable, but the author argues that it is the common law which imports the subjective approach. In the case of murder, the Homicide Act 44, 1959, is the law applicable. The requirement that the killing be in the heat of passion, and that there be a reasonable relationship between the provoking act and the resultant assault are meant to ensure that the accused did not have the premeditated intent to kill. In respect of the requirement that the circumstances should be such as would deprive an ordinary man of self-control, the author argues that the ordinary man in question need not be the reasonable man of earlier English law, or the reasonable man in general, but that the accused must be judged in the class of his community. If such an approach were followed, the courts would doubtlessly also have less difficulties in dealing with witchcraft cases. Notes, ref.