'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:


Recommended

by NEWSROOM AI
Read More
FaceApp challenge has peeps showing what they'll look like when they're 80

FaceApp challenge has peeps showing what they'll look like when they're 80

Khabazela shares tweets and Facebook posts that have gone viral.

[WATCH] Woman stealing back her stolen car has social media talking

[WATCH] Woman stealing back her stolen car has social media talking

Khabazela shares tweets and Facebook posts that have gone viral.

'Accusing someone of being a spy, is not something to be thrown around lightly'

'Accusing someone of being a spy, is not something to be thrown around lightly'

Former Sars advisor and '80s activist Yolisa Pikie says the ramifications of Jacob Zuma's informant accusations are dangerous.

'Matjila flatly denies receiving R5m bribe, says it was hearsay'

'Matjila flatly denies receiving R5m bribe, says it was hearsay'

Business Day financial journalist Warren Thompson analyses former PIC CEO's testimony at the commission.

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.

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
How to buy a new car even if you don’t really have enough money for it

How to buy a new car even if you don’t really have enough money for it

South Africans are increasingly buying cars they can’t afford using balloon payments, says consumer journalist Wendy Knowler.

Need a loan to grow your small business? There’s a pot of money waiting

Need a loan to grow your small business? There’s a pot of money waiting

Spartan SME Finance provides finance for small businesses. Bruce Whitfield interviews its CEO, Kumaran Padayachee.

The rand isn't weak. It's the dollar that's strong. But it won't stay that way

The rand isn't weak. It's the dollar that's strong. But it won't stay that way

The rand is trading at fair value. It’s the US dollar that's overvalued. Bruce Whitfield interviews George Glynos (ETM Analytics).

'We expect an interest rate cut on Thursday. But it won’t help the economy much'

'We expect an interest rate cut on Thursday. But it won’t help the economy much'

The Money Show’s Bruce Whitfield interviews Kevin Lings, Chief Economist at Stanlib Asset Management.

[2018] Jesse Clegg (son of Johnny) opens up about money and growing up on tour

[2018] Jesse Clegg (son of Johnny) opens up about money and growing up on tour

[From the archives] Jesse Clegg talks about his famous father and attitude to money (hopes and fears, successes and failures...).

Zimbabwe running out of bread as inflation tops 175%

Zimbabwe running out of bread as inflation tops 175%

Hyperinflation – and the destruction it reaps – is returning to Zimbabwe. Bruce Whitfield interviews CNBC Africa’s Chris Bishop.

Investigators find serious corruption at EOH

Investigators find serious corruption at EOH

A probe found "suspicious transactions" worth R1.2bn, bribery and theft. Bruce Whitfield interviews EOH CEO Stephen Van Coller.

'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'.