![Whatsapp](https://i0.wp.com/news365.co.za/wp-content/uploads/2018/12/Whatsapp.png?fit=631%2C422&ssl=1)
Those who incited the recent violence and looting in South Africa could face prison sentences of between six months and thirty years, depending on whether they are found guilty of inciting violations of lockdown regulations or high treason.
One legal professional who spoke on condition of anonymity, as they are not permitted to speak publicly on political matters, said that the right to freedom of expression in South Africa’s Constitution is not absolute.
“Section 16 of our Constitution guarantees us all the right to freedom of expression,” the lawyer, who works at a major firm, said. However, section 16(2) clearly states that such right does not extend to propaganda for war, incitement of imminent violence, or advocacy of hatred. Our Constitution is very clear about this.
Legal opinions on the crimes that insurrectionists may be charged with arrive as President Cyril Ramaphosa announced that last week’s unrest in parts of KwaZulu-Natal and Gauteng were instigated.
“It is clear now that the events of the last week were nothing less than a deliberate, a coordinated, and a well-planned attack on our democracy,” Ramaphosa stated.
“These actions are intended to cripple the economy, cause social instability and severely weaken — or even dislodge — the democratic state.”
While Ramaphosa didn’t say it outright, he described the crimes of incitement to theft and public violence, sedition, and high treason. Last week, the Daily Maverick reported that the masterminds behind the insurrection used WhatsApp and Telegram to organise attacks on trucks, highways, and businesses.
According to the report, this was organised by renegade uMkhonto we Sizwe groups who were active in the truck transport sector and have campaigned against foreign truck drivers.
These groups have been blamed for arson attacks on trucks driven by foreigners over the past three years. Following the truck attacks, the instigators allegedly shifted their attention to institutions regarded to be controlled by “white monopoly capital”.
This phrase was prominent in the Bell Pottinger disinformation campaign, paid for by the Gupta family to paint them as victims of racially-motivated attacks.
On the WhatsApp group, members called for attacks on, among others, Shoprite, Pick ‘n Pay, Woolworths, several banks, and fuel stations.
Penalties for sending such a message — whether over WhatsApp, Twitter, or another platform — include imprisonment for up to three years and/or a fine.
“Although legislation such as the Cybercrimes Act is not the answer to curing the root cause of the civil unrest, it can still serve to assist our security and policing cluster in effectively intercepting and, where necessary, prosecuting such offences,” stated Burger-Smidt and Mathebula.
However, they said that since the Cybercrimes Act has not been given a commencement date, it remains an unavailable tool in the armoury of our law enforcement.
“Undoubtedly, when social media turns somewhat antisocial, in that it is misused to mobilise to commit acts of violence, we ought to be armoured with a Cybercrimes Act, to deal with it decisively,” the authors said.
The first case of high treason in post-1994 South Africa was brought against members of the Boeremag who plotted to stage a coup by assassinating former president Nelson Mandela using a bomb.
Those who participated in the plot were handed sentences of between 5 and 30 years, most of which were suspended for some period.
Their trial took the better part of ten years. Two men who were serving thirty-year sentences that were suspended for ten years were released on parole in 2020, The Herald reported.
They had spent about seven years behind bars. According to the Department of Correctional Services, the two men had served the minimum required time before becoming eligible for parole.
In other news – Former Minister Malusi Gigaba’s ex-lover Cindy Makhathini’s b00ty snaps set social media ablaze
Cindy Makhathini has been the hottest chick on the streets for the past few weeks. It now seems as if the hottie is on a mission following a series of bikini shots she is posting on social media.
Many feel the former minister Gigaba made a mistake by letting her go as she turned into one of the s.e.xiest women in Mzansi. Learn more
Source: mybroadband