A critical evaluation of the doctrine of common purpose in South African law

Abstract

This study critically evaluates the doctrine of common purpose in South African criminal law, a principle that attributes criminal liability to individuals for crimes committed by others within a joint criminal enterprise. Rooted in English common law and shaped by South African jurisprudence, the doctrine has played a pivotal role in prosecuting group crimes such as murder, robbery, and public violence. However, its application has raised significant constitutional and ethical concerns, particularly regarding the presumption of innocence, fair trial rights, and proportionality in sentencing. Through doctrinal and comparative legal analysis, focusing on South Africa and the United Kingdom, the study explores the historical development, judicial interpretation, and contemporary challenges of the doctrine. It concludes with recommendations for reform, including codification, stricter evidentiary standards, and enhanced judicial training, to ensure alignment with constitutional values and the evolving demands of justice in a democratic society.