'All the Riotous Assemblies Act does is criminalise incitement'

The Pretoria High Court has dismissed Economic Freedom Fighters (EFF) leader Julius Malema application to declare the Riotous Assemblies Act unconstitutional on Tuesday.

Malema was charged with violating the 1956 act when he told supporters to invade vacant land.

[RELATED] High court dismisses EFF bid to declare Riotous Assemblies Act unconstitutional

The red berets' leader challenged the constitutionality of the act, saying the State was using apartheid-era legislation to prosecute him.

Malema says he will now take the matter to the Constitutional Court.

But what is the Riotous Assemblies Act?

To discuss the act, Bongani Bingwa chats to independent constitutional law expert Phephelaphi Dube.

There has been a lot of gross human rights violations that were perpetrated using the Riotous Assemblies Act. And there were quite a number of activists who received the death penalty as a result of having transgressed the provisions of the Riotous Assemblies Act.

Phephelaphi Dube, Independent constitutional law expert

She says, in essence, the act was there to give the then justice minister under the apartheid regime, extensive power in terms of what he would deem public disturbances. Dube reiterates however that the most critical aspects of the act have been repelled.

So as it is, all the Riotous Assemblies Act simply does is to criminalise incitement. It is important to bear in mind that the most problematic aspects of the act are no longer applied.

Phephelaphi Dube, Independent constitutional law expert

Dube adds that the important thing to bear in mind when it comes to the Malema case is that he was on trial in the High Court because he challenged the constitutionality of the act.

Because of that, the court didn't go into the merits of whether or not he had indeed committed the offence of incitement.

Phephelaphi Dube, Independent constitutional law expert

Listen below to the full interview:


This article first appeared on 702 : 'All the Riotous Assemblies Act does is criminalise incitement'


Recommended

by NEWSROOM AI
Read More
[WATCH] Mom tries to save the day as dad laughs at child's drawing

[WATCH] Mom tries to save the day as dad laughs at child's drawing

Jonathan 'Khabazela' Fairbairn shares what's trending online.

Water woes: 'SA didn't invest enough in infrastructure for what is basic right'

Water woes: 'SA didn't invest enough in infrastructure for what is basic right'

Minister Lindiwe Sisulu expands on the troubled department's plans after tabling her R16 billion budget vote on Tuesday.

I think Zuma has an exaggerated sense of self-importance - Dr Mufamadi

I think Zuma has an exaggerated sense of self-importance - Dr Mufamadi

ANC stalwart Dr Sydney Mufamadi questions why Zuma is bringing up the names of the alleged spies only now.

'Calculated move by media to undermine Public Protector, I don't accept apology'

'Calculated move by media to undermine Public Protector, I don't accept apology'

Former Sars employee Bizoski Manyike responds to the Sunday Times article that called him a 'dope-smoking Rastafarian'.

Update: M2 bridge repairs 'on track', will be completed by end October - JRA

Update: M2 bridge repairs 'on track', will be completed by end October - JRA

Head of Infrastructure at Johannesburg Road Agency, Siyabonga Genu says damage is caused by water seeping into the concrete.

High court dismisses EFF bid to declare Riotous Assemblies Act unconstitutional

High court dismisses EFF bid to declare Riotous Assemblies Act unconstitutional

EWN reporter Theto Mahlakoana says even though the party lost the case, the judgment gives it leeway to go to the ConCourt.

Popular articles
[WATCH] Johnny Clegg's death feels like a personal loss - John Maytham

[WATCH] Johnny Clegg's death feels like a personal loss - John Maytham

CapeTalk's John Maytham interviewed Clegg several times over the years and spoke of his music as the 'soundtrack' to his life.

[WATCH] Mzansi's Ndlovu Youth Choir headed for AGT's live shows!

[WATCH] Mzansi's Ndlovu Youth Choir headed for AGT's live shows!

The choir that is stealing America's hearts is headed to the next round of America's Got Talent.

[LISTEN] Voice of the underworld - a 'retired' Cape Flats gangster speaks out

[LISTEN] Voice of the underworld - a 'retired' Cape Flats gangster speaks out

Jason is a 50-year-old former member of The Americans, the largest street gang operating in Cape Town.

Shark attack: 'I saw a cloud of blood in the water'

Shark attack: 'I saw a cloud of blood in the water'

Joao Felizardo helped rescue his surfer buddy Dusty Phelan after a shark bit him across both his legs in Port Alfred.

'Batchelor was once close to Mikey Schultz and self-confessed Kebble killers'

'Batchelor was once close to Mikey Schultz and self-confessed Kebble killers'

Journalist and author Mandy Wiener describes former footballer Marc Batchelor's links to alleged underworld figures.

How Christo Wiese became the richest in SA, and how it all came crashing down

How Christo Wiese became the richest in SA, and how it all came crashing down

The Money Show’s Bruce Whitfield interviews TJ Strydom, author of “Christo Wiese - Risk And Riches”.

'I should have told the Sunday Times the pot smoking was irrelevant'

'I should have told the Sunday Times the pot smoking was irrelevant'

Investigative journalist Jacques Pauw says he's sorry for any harm caused in his article on Mkhwebane and her principal witness.

South Africans held in Syria went there to join Isis - Trac

South Africans held in Syria went there to join Isis - Trac

Intelligence and terrorism expert Jasmine Opperman says there are seven women and about 15 children held in Syrian camps.

[WATCH] Over 50 artists record special version of Johnny Clegg’s  “The Crossing”

[WATCH] Over 50 artists record special version of Johnny Clegg’s “The Crossing”

For this week's #GoodNewsThursdays, we find out the inspiration behind the production.