With the recent public unrest and public violence outbreaks in the country, the president and minister of police have vowed to prosecute the perpetrators as well as the inciters of the public violence. the incitement of public violence;
the consequences on companies that cannot perform contractual obligations due to the interruptions caused by the widespread looting, riots and destruction of property due to violence.Inciting public violence is a common law criminal offence, however the requirements for public incitement have been codified in section 17 of the Riotous Assemblies Act.
Noteworthy is the fact that the intention of the accused is irrelevant. What is relevant is whether a reasonable person would expect the consequences of the accused's conduct to be the incitement of public violence. Section 16 of the constitution provides everyone with the right to freedom of expression. However, in terms of section 16 that right to freedom of expression does not extend to the incitement of violence.
"[T]he university’s complaint related more to an earlier incident on February 10 2016 when some students were in a dining hall on the campus and it came to the university’s attention, as a result of postings on social media, that Mr Magida was there wearing a T-shirt with the slogan “KILL ALL WHITES” written in large letters with a marker pen on the back.
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