Expert: Person who incites violence is equally guilty of commission of offense

The DA said social media posts by Malema as well as those made by Zuma-Sambudla, Edward and Duduzane were not only inflammatory but also incredibly reckless.

Duduzane Zuma at the Zondo commission of inquiry into state capture on 8 October 2019. Picture: Kayleen Morgan/EWN

CAPE TOWN - The Democratic Alliance has stressed that people with influence in society should encourage their followers to obey the rule of law.

The party's Glynnis Breytenbach filed an incitement to violence complaint against Economic Freedom Fighters (EFF) leader Julius Malema, as well as Duduzile Zuma-Sambudla, Edward Zuma and Duduzane Zuma on Wednesday.

The party said these individuals took to social media to spur on violence and looting currently unfolding in the country.

The DA said social media posts by Malema as well as those made by Zuma-Sambudla, Edward and Duduzane were not only inflammatory but also incredibly reckless.

Breytenbach said it was now in the hands of the police and NPA to ensure they were held accountable.

“Leaders have influence in society, particularly a leader of political party. You owe it to South Africans to uphold the rule of law, to work within the bounds of the constitution of this country, and to do everything you can to encourage your followers and other citizens to obey the law,” she said.

Avani Singh, director at Alt Advisory and Power Singh Incorporated explained the case in terms of the Riotous Assemblies Act.

“The second provision is that the person who incites or procures any other person to commit an offense, whether that's under the common law or whether that's in terms of a statute, is equally guilty of the commission of an offense,” she said.

Singh said the onus lied with the State and the complainant to prove whether the actions of people in fact constituted incitement of violence.

In an application brought by the EFF in November last year, the country's apex court, ruled part of the Riotous Assemblies Act was inconsistent with the Constitution and was declared invalid.

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