South Africa: Why Are the Riotous Assembly Act and Other Apartheid-Era Laws Still in Place?

Not for the first time, the Constitutional Court has been asked to consider the constitutionality of legislation that directly advanced apartheid.

This week the Constitutional Court heard arguments on the possible unconstitutionality of a provision in the Riotous Assembly Act of 1956 that criminalises incitement to commit a crime. Julius Malema and the Economic Freedom Fighters (EFF) had originally challenged the constitutionality of this provision in the high court on the basis that it unlawfully infringed on the right to freedom of expression, but that court dismissed the challenge.

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