The Durban regional court has sentenced MK Party MP Visvin Reddy to a R30,000 fine or 10 months’ imprisonment, half of which is suspended for five years, with conditions, after he pleaded guilty to inciting violence in the run-up to the 2024 elections.
National Prosecuting Authority (NPA) spokesperson Natasha Ramkisson-Kara said the incident occurred on March 5 2024 when he addressed a political gathering in Shallcross. At the gathering, Reddy, 55, allegedly threatened civil war if the “Zuma party wasn’t on the ballot paper” for the 2024 national and provincial elections.
He said there would be no elections and no one in the country would vote. Video recordings of his address were widely circulated on social media and news platforms.
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 elections.
In his guilty plea, Reddy acknowledged 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 as a public representative and political leader, he had a heightened responsibility to ensure that his speech did not encourage unlawful conduct.
The NPA hopes this 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
— Natasha Ramkisson-Kara, NPA spokesperson
Though no violence ensued, he said, the legal test has regard for foreseeable consequences of the words spoken.
Ramkisson-Kara said in accepting the guilty plea, consideration was given to the fact that shortly after making the utterances, Reddy had published numerous videos on social media and other news platforms apologising for the words spoken and advocating for non-violence during the elections.
A further significant consideration was that Reddy was 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 not:
- contravene the relevant section of the act during the period of suspension; or
- make any statements that seek to undermine any electoral processes during the same period.
In the criminal case, and following his guilty plea, Reddy was sentenced on condition that he is not convicted of the offence of incitement to commit public violence in the next five years.
“The NPA hopes this 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,” said Ramkisson-Kara.
“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.”
TimesLIVE
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