RAMMAKA MATHOPO

On ridding South African law of one of its more sexist features — the rule that the doctrine of common purpose could not apply to the crime of rape

If the doctrine of common purpose extends to crimes of murder, common assault or assault with intent to do grievous bodily harm, it is irrational and arbitrary to make a distinction when a genital organ is used to perpetrate the rape. Tshabalala v State; Ntuli v State, Constitutional Court, December 11 2019