Riotous Assemblies Act inconsistent with freedom of expression: Constitutional Court

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Part of the Riotous Assemblies Act is inconsistent with a section of the constitution dealing with freedom of expression, and is invalid insofar as it criminalises the incitement of a person to commit an offence.

During the period of suspension of the order of invalidity of that section, it should in the meantime read:

The reading in will fall away when the correction of the specified constitutional defect by parliament comes into operation.Mogoeng said the Constitutional Court held a different view from that of the high court with regard to the confirmation of the constitutional invalidity of the act. “Its correct meaning is that the inciter is susceptible to the same punishment as the actual perpetrator. The declaration of unconstitutionality by the high court is therefore unsustainable and the order it made will not be confirmed.

According to Mogoeng, citizens ought to enjoy the liberty to express themselves in support of or opposition to anything or any law within the confines of the overall thrust of section 16 of the constitution.

 

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You should be publishing concourt judgment than buplishing your view

Shame on you. Who brought this to attention. You report s***

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