Umkhonto weSizwe party leader Jacob Zuma at the National Election Results Operations Centre (ROC) in Gallagher Estate, Midrand, on June 1, 2024. (Sharon Seletho/Gyaro Images)
- Former President Jacob Zuma warns against announcement of national election results According to experts, it does not meet the criteria for sedition.
- The security group warned that any attempt to undermine the state's authority will not be tolerated.
- Find out everything you need to know about the 2024 general election in News24's election hub.
Former President Jacob Zuma's warning against the announcement of national election results may be seen as seditious but does not meet the threshold for incitement, according to criminal law experts.
On Saturday night, Zuma, who is the de facto leader of the Umkhonto weSizwe (MK) party, argued that the South African Electoral Commission (IEC) should not announce the election results.
However, the announcement of the election results was made on Sunday night, with the IEC declaring the election free and fair.
News24 reported that President Zuma said any declaration would be tantamount to provoking MK, which along with several other parties has challenged the IEC.
“We as the people have a greater right to demand it than anybody else. The institutions cannot say 'hurry up because we cannot listen to you', because that would actually provoke people,” President Zuma said.
He added:
It takes time. It is not necessary to declare it tomorrow. If it happens, people will be inspired. We know what we are saying. We hope that whoever is in charge will listen to us. Don't create problems when there are no problems.
Criminal law expert and lawyer Ulrich Roux said Zuma's comments were “irresponsible and reckless” but did not believe they met the threshold for incitement to violence as defined in the Riotous Assemblies Act.
“The broad scope of incitement at common law has been largely retained in its statutory form. According to section 18(2)(b) of the Riotous Assemblies Act, a person who incites, incites, orders or provokes another person to commit an offence, whether in breach of common law or in breach of any statute or legal regulation, is guilty of an offence,” Lew said.
“If violent rioting and looting occurs in South African society, such as the July riots, and is linked to Mr Zuma's comments, he could be charged with sedition.”
READ | 'Threat of destabilization will not be tolerated': Security group warns of disruption to election results
However, Roux said President Zuma had not openly called for violence if the votes were not recounted.
He said:
I think that charging him with sedition based on what he said last night is unlikely to succeed, but we will have to wait and see whether he says anything further that could be deemed seditious.
“His comments are inflammatory at best…”
No room for intimidation
On Sunday afternoon, the Justice, Crime Prevention and Security Cluster (JCPS) held a briefing where a warning was issued that any attempt to undermine the authority of the state will not be tolerated and will be dealt with accordingly.
The JCPS did not say what it thought of President Zuma's comments but warned that any attempt to undermine state authority and the country's constitutional order will not be tolerated.
Presidential Minister Khumbudzo Ntshavheni said law enforcement agencies would deal with anyone who threatens the security or stability of the country or seeks to undermine the constitutional order, regardless of who they are or were.
Defence Minister Thandi Modise said South Africans have the right to express their opinions and freedom of speech.
Nonetheless, she said such statements have their limitations.
“When lives and property start to be put at risk, we start to become very concerned,” Modise said.
JCPS co-chair and Police Minister Bheki Cele said the National Joint Operational Intelligence Organisation (Natjoints) was ready to ensure the continuation of a “peaceful environment” after the election results were announced.
“As a security force, I want 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 announce election results rests solely with the IEC and that the law provides for a mechanism for raising disputes regarding the electoral process.
“Therefore, there is no room for threats of destabilization to express objections or concerns about the electoral process.”
