Attempted murder in South Africa occurs when a person unlawfully and intentionally tries to kill another person, but the victim survives. Even though death does not occur, the law treats attempted murder as a serious and violent crime, punishable by long imprisonment.
On this page, you will learn what the law defines as attempted murder, how intent is proven, the difference between attempted murder and assault, the possible sentences, and what South Africans should know about defending or reporting such cases.
Understanding Attempted Murder under South African Law
Attempted murder is a common law offence, meaning it is not written in one specific statute but recognised through South Africa’s long-standing legal system.
It consists of two main elements:
- An unlawful act — an action that could have caused death, such as stabbing, shooting, poisoning, or setting someone on fire.
- Intent to kill (dolus) — the offender must have meant to cause death, or at least foreseen the possibility that death could occur.
The critical part is intent. If there was no intention to kill, the charge may be reduced to assault with intent to cause grievous bodily harm (GBH) instead.
Key Legal Frameworks Governing Attempted Murder in South Africa
| Law / Act | Purpose |
|---|---|
| Criminal Procedure Act, 1977 (Act 51 of 1977) | Sets out procedures for arrest, bail, and trial of accused persons. |
| Criminal Law Amendment Act, 1997 (Act 105 of 1997) | Introduces minimum sentences for violent crimes, including attempted murder. |
| Constitution of South Africa, 1996 (Sections 9, 10 & 12) | Protects life, dignity, and personal security. |
| Domestic Violence Act, 1998 (Act 116 of 1998) | Used when attempted murder occurs in domestic settings. |
| Firearms Control Act, 2000 (Act 60 of 2000) | Governs firearm-related attempted murder cases. |
Difference between Attempted Murder and Assault GBH
| Offence | Legal Meaning | Example | Maximum Penalty |
|---|---|---|---|
| Attempted Murder | Trying to unlawfully and intentionally kill someone. | Shooting at a person but missing. | Up to life imprisonment. |
| Assault GBH | Intentionally causing serious bodily harm, not necessarily intending death. | Stabbing someone in the arm during a fight. | Up to 10 years imprisonment. |
The deciding factor is whether the offender meant to kill or merely to injure.
How Intent Is Proven
Courts look at several factors to determine if the accused intended to kill:
- Nature of the attack: Was a deadly weapon used?
- Part of the body targeted: Was it a vital area such as the head or chest?
- Statements before or during the act: Did the offender threaten to kill?
- Actions after the attack: Did they flee or try to help the victim?
- Motive: Was there a clear reason for wanting to end the person’s life?
Even if the victim survives due to medical treatment or chance, intent alone is enough to secure a conviction.
Examples of Attempted Murder Cases in South Africa
Example 1:
A man shoots at his neighbour during an argument, but the bullet misses. The act shows clear intent to kill. He is charged and convicted of attempted murder.
Example 2:
A mother poisons her child’s food to kill them, but the child survives after quick medical attention. She is convicted of attempted murder under common law.
Example 3:
During a robbery, an offender stabs a shop owner multiple times, but the owner survives. The crime is charged as attempted murder combined with robbery with aggravating circumstances.
Sentencing for Attempted Murder in South Africa
The Criminal Law Amendment Act, 1997 gives courts the power to impose heavy sentences for attempted murder, especially when firearms or premeditation are involved.
| Case Type | Typical Sentence |
|---|---|
| Domestic attempted murder | 10–20 years imprisonment |
| Gang or firearm-related attempted murder | 15–25 years imprisonment |
| Attempted murder of a police officer | Life imprisonment |
| First-time offender (no aggravation) | 5–10 years imprisonment |
| Repeat or violent offender | Life imprisonment |
Judges consider aggravating factors such as cruelty, planning, use of a firearm, or vulnerability of the victim (e.g., children or elderly persons).
Bail and Trial Process
- Arrest:
The police can arrest the suspect on sight, especially if the act endangered life. - Bail:
Attempted murder is a Schedule 5 offence under the Criminal Procedure Act.
The accused must prove why they should be granted bail. - Investigation:
The case is handled by the Detective Branch or Serious Violent Crimes Unit of SAPS. - Prosecution:
The National Prosecuting Authority (NPA) handles the case. - Trial:
Cases are usually heard in the Regional Court or High Court, depending on severity.
Real Example
In 2022, the Pretoria High Court sentenced a 34-year-old man to 20 years imprisonment for attempted murder after he stabbed his girlfriend 17 times during a domestic dispute.
The judge noted that although she survived, the intent to kill was clear due to the repeated stabbing and targeted vital organs.
This case highlighted how domestic violence and attempted murder overlap in many households, and why courts treat such offences severely.
5 Important Points Every South African Should Know about Attempted Murder
- Attempted murder requires proof of intent, even if no death occurred.
- The weapon and target area are strong indicators of intent.
- Attempted murder is punishable by life imprisonment in extreme cases.
- You can face both attempted murder and other charges (like robbery or assault) for one act.
- Self-defence can be a valid defence if the response was reasonable and necessary.
Implications of Attempted Murder Law in South Africa
Attempted murder laws protect citizens from extreme violence by punishing serious intent before death occurs.
The law sends a strong message that “attempting to kill” is as unacceptable as killing itself.
These laws also:
- Protect vulnerable people (especially women and children).
- Help law enforcement intervene before escalation.
- Allow victims to seek justice even when they survive.
- Encourage rehabilitation for offenders where appropriate.
Legal Framework Summary
| Institution | Role |
|---|---|
| South African Police Service (SAPS) | Investigates attempted murder cases and arrests suspects. |
| National Prosecuting Authority (NPA) | Prosecutes offenders on behalf of the State. |
| Regional and High Courts | Hear and sentence attempted murder cases. |
| Legal Aid South Africa | Provides free legal defence for those who cannot afford representation. |
| Department of Correctional Services | Manages imprisonment and rehabilitation programmes. |
FAQs About What Is Attempted Murder in South Africa
Attempted murder is one of the most serious violent crimes in South Africa and is treated nearly as severely as murder itself.
These FAQs explain what attempted murder means under South African law, what must be proven in court, and what penalties an accused person may face.
What is attempted murder in South Africa?
Attempted murder in South Africa occurs when a person intentionally tries to kill another human being but fails to cause death.
It is a common law offence, meaning it developed through court judgments rather than written legislation.
The key factor is intention (dolus) — the person must have meant to cause death, even if the victim survived.
What law governs attempted murder in South Africa?
Attempted murder is regulated by South African common law and procedural rules under the Criminal Procedure Act, 1977 (Act 51 of 1977).
Because it involves an attempt to take a life, the Constitution (Section 11), which protects the right to life, is central to how courts interpret and punish the offence.
What must be proven for a conviction of attempted murder?
The prosecution must prove, beyond reasonable doubt, that:
- The accused performed an act capable of causing death.
- The accused acted with intention (dolus) to kill.
- The act was unlawful (not in self-defence or under legal justification).
If intent cannot be proven, the charge may be reduced to assault with intent to cause grievous bodily harm (GBH).
What counts as an “attempt” under South African law?
An “attempt” means the person took active steps to carry out the killing but did not succeed.
Examples include:
- Shooting someone but missing.
- Stabbing a victim who survives.
- Poisoning food or drink with the aim of killing.
- Hiring someone to commit murder, but the plan fails.
It’s not necessary for the victim to be injured — even an incomplete act can qualify if intent is clear.
What are examples of attempted murder cases in South Africa?
Common examples include:
- Domestic violence incidents where a partner stabs or strangles the other.
- Armed robberies where shots are fired but no one dies.
- Gang violence or drive-by shootings where the victim survives.
- Police shootouts involving civilians or officers.
Courts assess each case on evidence of intent and actions taken toward carrying out the killing.
How is attempted murder different from assault GBH?
The difference lies in intention:
- Attempted murder – the accused intended to kill.
- Assault GBH – the accused intended to cause serious harm, not death.
For instance, stabbing someone in the leg might be assault GBH, but stabbing them in the chest or neck could amount to attempted murder.
What is the punishment for attempted murder in South Africa?
Attempted murder carries severe penalties.
Depending on the circumstances, sentences can include:
- Up to 15–25 years in prison for standard cases.
- Life imprisonment for aggravated cases, such as:
- Premeditated or planned attacks.
- Attacks on police officers or children.
- Crimes involving firearms or torture.
Sentences are governed by the Criminal Law Amendment Act, 1997 (Act 105 of 1997), which provides minimum penalties for violent crimes.
Can someone get bail for attempted murder?
Yes, but it’s difficult.
Attempted murder falls under Schedule 5 or 6 offences in the Criminal Procedure Act, depending on the severity.
This means the accused must prove that “exceptional circumstances” exist to justify bail.
Courts assess the risk of fleeing, interfering with witnesses, or committing another offence.
Can self-defence be used against an attempted murder charge?
Yes. If the accused acted to protect themselves or another person from imminent unlawful attack, it can serve as a full defence.
However, the force used must be reasonable and proportionate to the threat.
Using excessive force beyond what was necessary may still result in conviction.
Can someone be convicted of attempted murder without a weapon?
Yes. South African courts recognise that intent to kill can exist without a weapon.
For example, pushing someone off a moving vehicle, setting a house on fire while someone is inside, or choking a victim with bare hands can all amount to attempted murder.
Does attempted murder lead to a criminal record?
Yes. A conviction for attempted murder results in a serious criminal record that can affect employment, travel, and firearm licensing.
It may only be expunged after 10 years, under specific conditions set by the Department of Justice.
Why is attempted murder treated so seriously in South Africa?
Because it involves the deliberate attempt to take a human life, attempted murder is punished almost as harshly as murder itself.
It undermines public safety and violates the constitutional right to life and security — two of the most protected rights in South African law.
Conclusion: Understanding Attempted Murder in South Africa
Attempted murder in South Africa is treated almost as seriously as murder itself because the intent to end a life is already present.
The difference is only that the victim survives. The punishment, however, reflects the severity of the act.
Every South African should understand that violence intended to kill, even if unsuccessful, will lead to harsh legal consequences.
The law protects life — and it acts swiftly and firmly against those who try to take it.
