Visvin Reddy, an MKP Member of Parliament, has pleaded guilty to incitement to commit public violence.
Image: File: Tumi Pakkies/ Independent Newspapers
uMkhonto we Sizwe (MK) Party Member of Parliament Visvin Reddy has pleaded guilty to charge of incitement to commit public violence in connection with remarks he made at a political rally in March 2024 in the build-up to the national elections that year.
Reddy, 55, who had been charged with incitement read with Section 17 of the Riotous Assemblies Act 17 of 1956 pleaded guilty in the Durban Regional Court.
According to a statement from the National Prosecuting Authority (NPA), Reddy has been ordered by the court to pay a fine of R30,000 or serve ten months' imprisonment, half of which is suspended for five years. The suspension is on condition that he is not convicted of the offence of incitement to commit public violence, read with Section 17 of the Riotous Assemblies Act 17 of 1956, during the period of five years.
“Reddy’s guilty plea, in terms of Section 105A of the Criminal Procedure Act 51 of 1977, relates to an incident that occurred on 05 March 2024 where he addressed a political gathering in Shallcross, Durban, in the run-up to the 2024 national and provincial elections.
“At the time of the address, there were widely publicised disputes and litigation relating primarily to the participation and registration of the MK party in the 2024 National and Provincial elections. Reddy addressed the crowd, stating that there would be ‘civil war and anarchy’ in the country if the MK Party did not appear on the ballot paper. He further said that there would be ‘no elections and no one in the country would vote.’ Video recordings of this address were widely circulated on social media and news platforms,” the NPA statement said.
According to NPA KwaZulu-Natal spokesperson, Natasha Ramkisson-Kara, in his guilty plea, Reddy had acknowledged that his actions were unlawful and intentional, and that his words could reasonably have the consequence of members of the public engaging in violent conduct.
“He accepted that as a public representative and political leader, he bears a heightened responsibility to ensure that his speech does not encourage unlawful conduct. He also accepts that although no violence ensued, the legal test has regard for foreseeable consequences of the words spoken. He further mentioned that he recognises the importance of upholding the rule of law and constitutional democracy.”
She said the court had also taken into consideration that shortly after making the utterances, Reddy published numerous videos on social media and other news platforms apologising for the words spoken and advocated for non-violence during the elections.
Reddy was separately sanctioned by the Electoral Court on the same set of facts, for contravening Section 87 of the Electoral Act, which provides for elections to be conducted freely, fairly and without interference.
For this contravention, he received a fine of R150 000 which was suspended for a period of five years on condition that he did not contravene the relevant section of the Electoral Act during the period of suspension and that he did not make any statements that seek to undermine any electoral processes during the same period.
Ramkisson-Kara said the NPA hoped that the sentence serves as a deterrent.
“The offence of incitement to commit public violence, whether in person or on any platform, is a serious criminal offence. Members of society, particularly those who hold public positions, are reminded that there are consequences for inciting words spoken, and that the NPA will not hesitate to hold them accountable.”
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