mens rea

Literal translation

guilty mind

Legal meaning

Mens rea refers to the fault element of an offence: the accused’s state of mind when committing the prohibited act. In South African criminal law, liability generally requires both unlawful conduct and fault, usually in the form of intention or negligence. The concept is central to determining whether an accused can be convicted, although South African law more commonly speaks of "fault" rather than using the Latin phrase itself.

Examples

• The State had to prove mens rea in the form of intention before a conviction could follow.
• Absence of mens rea may exclude criminal liability where fault is required.

Cases citing this term

• 🇿🇼 The State v Eallah Chinodya and Brian Tongowasha and Tongai Chinodya
  High Court (Harare)· CRB 91/23
• 🇿🇼 The State v Sibangilizwe Moyo
  Other Courts
• 🇿🇦 Majikazana v The State
  Supreme Court of Appeal of South Africa· 2010-03-26· 559/09

  firearms – firearms – possession of in contravention of s 2 of Act 75 of 1969 – \u003cmark>mens\u003c/mark> \u003cmark>rea\u003c/mark> an element for contravention of the section – use of firearm for unlawful purpose establishes

• 🇿🇼 The State v Ernest Ezekiel and Others
  High Court (Bulawayo)
• 🇿🇼 Tinoda Mukutu and Dominic Mupwashike v The State
  Supreme Court
• 🇿🇼 Steven Musimike v The State
  Supreme Court
• 🇿🇦 Maria Johanna Prinsloo and Others v The State
  Supreme Court of Appeal of South Africa· 2015-12-04· 827/2011

  THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Reportable Case No

• 🇿🇼 The State v Irvene Katsande and Moyana Mudziwepasi and Thomas Mudziwepasi and Felix Sunday
  High Court (Harare)· CRB HRE. P 4056-59/16
• 🇿🇼 The State v Tafadzwa Chazika
  High Court (Harare)· HCHCR 3115/25
• 🇿🇦 Luvuyo Wapi v The State
  High Court of South Africa (Eastern Cape Division, Bhisho)· 2025-04-08· CA &R 11/2023

  the Sexual Offences Act was designed to address. … [62] As to the element of \u003cmark>mens\u003c/mark> \u003cmark>rea\u003c/mark>, it is beyond question that intention is a prerequisite for a conviction

Live search across the public SA case corpus. Results may include false positives where the same Latin lexeme appears in a different context.

Areas of law