Leader of uMkhonto weSizwe Party, Jacob Zuma at the national Result Operation Centre (ROC) at Gallagher Estate in Midrand on 01 June 2024. (Sharon Seretlo/Gallo Images)
- Former president Jacob Zuma warning against declaring the national election results do not meet the threshold for incitement, according to an expert.
- The security cluster has warned that any attempt to undermine the state’s authority will not be tolerated.
- Find everything you need to know about the 2024 general elections on News24’s Election’s Hub.
While former president Jacob Zuma’s warning against declaring the national election results may be seen as inflammatory, it does not meet the threshold of incitement, according to a criminal law expert.
On Saturday evening, Zuma, the de facto leader of the uMkontho weSizwe (MK) Party, insisted that the Electoral Commission of South Africa (IEC) should not declare the results.
However, the announcement of the election results went ahead on Sunday evening, with the IEC declaring the elections free and fair.
News24 reported that Zuma said any declaration would be tantamount to provoking the MK Party – which, along with several other political parties, had lodged objections with the IEC.
“We have a bigger right than anybody else to demand that, it is us who are citizens. Institutions can’t say ‘we can’t listen to you and let us rush rush’ because that is provoking people, in reality,” Zuma said.
He added:
We are going to need the time. Nobody must declare tomorrow. If that happens, people will be provoked; we know what we are talking about. I am hoping whoever is responsible is hearing us. Don’t start trouble when there is no trouble.
While criminal law expert and defence lawyer Ulrich Roux said Zuma’s comments were “irresponsible and reckless”, he does not believe the remarks meet the threshold of incitement to violence as defined in the Riotous Assemblies Act.
“The broad scope of incitement under common law was largely retained in its statutory form. According to Section 18(2)(b) of the Riotous Assemblies Act, any person who incites, instigates, commands or procures any other person to commit any offence, whether at common law or against a statute or statutory regulation, shall be guilty of an offence,” Roux said.
“If there are violent riots and looting amongst the South African society, as was the case with the July riots, and it can be linked to what Zuma said, then he can be charged with incitement.”
READ | ‘No room for threats of instability’: Security cluster warns against election results disruption
However, Roux said Zuma had not openly called for people to riot if the votes were not recounted.
He said:
Charging him with incitement, based on last night’s comments, will have a low prospect of success, in my opinion. We will, however, have to see whether he says anything more which could be seen as incitement.
“His comments are inflammatory at most…”
No room for threats
On Sunday afternoon, the Justice, Crime Prevention and Security Cluster (JCPS) held a briefing,during which a warning was issued that any attempt to undermine the state’s authority would not be tolerated and would be dealt with accordingly.
While the JCPS cluster would not be drawn on what it thought of Zuma’s comments, it warned that any attempt to undermine the state’s authority and the country’s constitutional order would not be tolerated.
Minister in the Presidency Khumbudzo Ntshavheni said law enforcement would deal with anyone who threatens the security or stability of the country or wants to undermine its constitutional order, regardless of who they are or were.
Minister of Defence Thandi Modise said South Africans have the right to make comments and to freedom of speech.
Despite this, she said, such speech has limits.
“When it starts putting lives and property at risk, then we begin to get very interested,” Modise said.
JCPS co-chairperson and Police Minister Bheki Cele said the National Joint Operational and Intelligence Structure (Natjoints) was ready to ensure the continued “peaceful environment post the elections results declaration”.
“As the security cluster, we would like to assure South Africans that law enforcement agencies stand ready to maintain peace and stability as they have done throughout the election period,” Cele said.
He added that the decision to declare the results rested solely with the IEC, and the law provides mechanisms to raise disputes about the electoral processes.
“As such, there cannot be any room for threats of instability to register objections or concerns about the electoral process.”
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