Right To Freedom Of Expression Is The Lifeblood Of A Genuine Constitutional Democracy: South Africa Constitutional Court Reads Down Its Riotous Assemblies Act
Live LawThe Constitutional Court of South Africa has held that the section 18 of the Riotous Assemblies Act is unconstitutional to the extent that it criminalises the incitement of another to commit "any offence".We should always lean in favour of respecting, protecting and promoting rights rather than settle for the easy and more deleterious option of taking them away, the. The Constitutional Court of South Africa has held that the section 18 of the Riotous Assemblies Act is unconstitutional to the extent that it criminalises the incitement of another to commit "any offence". The court noted that the Section 18 of the Riotous Assemblies Act criminalises incitement to commit "any offence". In the interregnum, the court read down the provision as follows: The criminalisation of incitement to commit "any offence" overshoots the mark of crime prevention that is free expression sensitive.
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