What is the IUS Acceptum Rule in South African Criminal Law?

The ius acceptum rule is one of the five key components of the principle of legality in South African criminal law. This rule states that courts may find an accused guilty of a crime only if the specific act performed by the accused is recognised by law as a crime, either through common law or statutory law. This principle prohibits courts from creating new crimes through judicial interpretation. It emphasizes that the power to define crimes lies with the legislature rather than the judiciary.

By enforcing the ius acceptum rule, the courts uphold the separation of powers, ensure legal certainty, and prevent judicial overreach. This rule mandates that the accused can only be held accountable for conduct that has been established as a crime by existing laws, thereby maintaining fairness in the legal process.