A hijacking in South Africa is prosecuted as robbery with aggravating circumstances, which carries a minimum sentence of 15 years’ imprisonment for a first conviction, rising to 20 and 25 years for repeat offenders under the Criminal Law Amendment Act 105 of 1997. Motor vehicle theft without violence is common-law theft, and being found in possession of a suspected stolen vehicle is a separate offence under section 36 of the Criminal Procedure Act 51 of 1977.
The difference between the two charges is violence. A car taken while the owner is elsewhere is theft; a car taken from the driver’s presence by force, or the threat of force, is robbery, and where a weapon appears or the victim is hurt, the robbery is aggravated. Hijackings are also almost never single-count matters: firearms, kidnapping and attempted murder charges are routinely added.
This guide explains the charges, the minimum sentences, how possession charges work, and what victims and accused persons should each do.
Hijacking: Robbery With Aggravating Circumstances
Robbery is theft committed by using violence or threats of violence to take property from another. Taking a vehicle by forcing the driver out, holding the driver at gunpoint or knife-point, or dragging a person from the driver’s seat is robbery. The crime is “with aggravating circumstances” when a weapon is used or the victim suffers serious injury, which is the norm in hijackings.
Aggravated robbery is one of the scheduled offences under the minimum sentencing legislation. The starting points are 15 years’ imprisonment for a first conviction, 20 years for a second, and 25 years for a third or subsequent conviction. A court may depart from these minimums only if substantial and compelling circumstances exist, and hijacking sentences are consistently severe because courts treat the crime as an invasion of the victim’s personal security.
Motor Vehicle Theft
Theft is the unlawful, intentional taking of property belonging to another, with the intention to deprive the owner permanently. A vehicle stolen from a driveway, street or parking area, without confrontation, is theft. Sentences range from fines in minor or youthful matters to imprisonment, with actual imprisonment common for syndicate-linked or repeat theft.
Theft and robbery are also prosecuted where the taking was attempted or merely prepared, and attempts still attract imprisonment, particularly where firearms or organised groups are involved. The value of the vehicle is an aggravating feature, since almost any motor vehicle represents a substantial loss to its owner.
Possession of a Suspected Stolen Vehicle
Section 36 of the Criminal Procedure Act criminalises being found in possession of property, including a vehicle or its parts, reasonably suspected of being stolen, and failing to give a satisfactory account of that possession. This is the charge that catches fences, buyers of cheap cars, and drivers moving hijacked or cloned vehicles for syndicates.
The charge has real bite because it reverses the practical onus: once the State shows the vehicle was suspected stolen, the possessor must account for it. “I bought it from a guy” without papers, at a fraction of its value, is precisely the unsatisfactory account the section targets. Cloned VIN numbers, false registration plates and forged police clearance papers typically add fraud and forgery charges.
| Charge | Legal basis | Sentence position |
|---|---|---|
| Robbery with aggravating circumstances (hijacking) | Common law, scheduled under Act 105 of 1997 | Minimum 15 years first conviction, 20 second, 25 third or later, unless substantial and compelling circumstances |
| Motor vehicle theft | Common law theft | Fine to imprisonment; actual imprisonment common for repeat or syndicate-linked theft |
| Possession of suspected stolen vehicle or parts | Section 36, Criminal Procedure Act 51 of 1977 | Fine or imprisonment; possessor must account for possession |
| Associated counts | Firearms Control Act, kidnapping, attempted murder, fraud | Run concurrently or cumulatively at the court’s discretion |
The Charges That Travel With a Hijacking
Hijacking prosecutions usually bundle several counts. If the hijacker carried an unlicensed firearm, a firearms charge with its own minimum sentence is added. Forcing a victim into the boot or driving away with a child in the car adds kidnapping, and shooting or attempting to shoot the victim adds attempted murder. Every count is sentenced separately, subject to the court’s power to order sentences to run concurrently.
For lesser participants, lookouts, drivers and those who receive or strip the vehicle, the possession and theft charges are what follow, and complicity liability means being part of a common purpose can make a participant guilty of the robbery itself.
For Victims: The First 48 Hours
- Get to safety and get medical help first, then alert the vehicle tracking company if the car has one, because the recovery window is measured in minutes.
- Report to the police immediately and open a case, obtaining the CAS number, which insurers require.
- Record everything while memory is fresh: number of attackers, direction of travel, clothing, weapons, any vehicle following before the incident.
- Notify the insurer within its deadline, and complete the SAPS declaration the policy requires.
- Cancel keys, accounts and documents left in the vehicle, and replace remote gate and garage access if the remotes were taken.
Common Mistakes to Avoid
- Buying a vehicle without papers “while the owner sorts them out”. This is exactly what section 36 possession charges are built from.
- Believing a minor role avoids liability. Driving, spotting or storing for a syndicate can attract the robbery conviction itself, through common purpose.
- Making statements to police without advice. Points of identification, or an explanation made at the station, are usually the State’s strongest evidence.
- Assuming a tracker negates the need to report. The case number drives the insurance and recovery process; the tracker does not.
- Confronting suspects personally. Identification evidence must be handled by the police; personal confrontation risks both safety and the case.
- Delaying bail preparation. These are schedule offences, so bail must be fought with verified facts early in the process.
Frequently Asked Questions
What is the sentence for hijacking in South Africa?
Hijacking is prosecuted as robbery with aggravating circumstances, which carries a minimum sentence of 15 years’ imprisonment for a first conviction, 20 years for a second and 25 years for a third or subsequent conviction under the Criminal Law Amendment Act 105 of 1997. A court may impose less only if it finds substantial and compelling circumstances.
What is the difference between hijacking and motor vehicle theft?
Violence. Motor vehicle theft is taking a vehicle without the owner present or without confrontation. Hijacking is robbery: the vehicle is taken from the driver’s presence using force or threats of force, and where a weapon is used or the victim is injured the robbery is one with aggravating circumstances, which triggers the minimum sentencing regime.
Can you be charged for being in possession of a hijacked vehicle you did not steal?
Yes. Section 36 of the Criminal Procedure Act 51 of 1977 criminalises being found in possession of property reasonably suspected to be stolen, including vehicles and parts, unless you can give a satisfactory account of how you got it. Buying a cheap car without papers or storing a vehicle for someone are typical Section 36 prosecutions.
What should you do immediately after a hijacking?
Get to safety and medical help first, then activate the vehicle tracker if there is one, report the hijacking to the police and get the CAS number, record every detail you remember, notify your insurer within the policy deadline, and cancel keys, bank cards and gate or garage remotes that were in the vehicle.
Facing hijacking or vehicle theft charges? Otrebski Attorneys provides 24/7 urgent criminal defence from Sandton, from arrest through trial. Call 060 500 3098, after hours 072 779 0866, or book an appointment.
Disclaimer. This article is general legal information, not legal advice. Sentences depend on the facts, prior convictions and the court, so confirm your specific position with an admitted attorney or the prosecutor on the docket.