Schedule 2
Crimes and offences giving rise to unfitness enquiry by court
[Section 103(2)]
[Schedule 2 commencement: 1 July 2004.]
[Schedule 2 amended by s 22 of Act 17 of 2011; s 20 of Act 116 of 1998 (as amended by s 20 of Act 14 of 2021) with effect from 14 April 2023.]
Sedition
Malicious damage to property
Entering any premises with the intent to commit an offence under the common law or a statutory provision
Culpable homicide
Extortion
Any crime or offence—
(a) in terms of this Act or the previous Act, in respect of which an accused was not sentenced to a period of imprisonment without the option of a fine;
(b) in terms of the Domestic Violence Act, 1998 (Act 116 of 1998), in respect of which an accused was not sentenced to a period of imprisonment without the option of a fine;
(c) involving violence, sexual abuse or dishonesty, in respect of which an accused was not sentenced to a period of imprisonment without the option of a fine; or
(d) in terms of the Explosives Act, 1956 (Act 26 of 1956), in respect of which an accused was not sentenced to a period of imprisonment without the option of a fine;
(e) in terms of the Domestic Violence Act, 1998 (Act 116 of 1998) or the Protection from Harassment Act, 2011 (Act 17 of 2011). [Schedule 2, item 7(e) inserted by s 22 of Act 17 of 2011, substituted by s 20 of Act 116 of 1998 (as amended by s 20 of Act 14 of 2021) with effect from 14 April 2023.]