By Sihle Mavuso
A former eThekwini councillor who later became a Member of Parliament for the MK Party (Umkhonto Wesizwe Party) has pleaded guilty to inciting public violence ahead of the 2024 general elections.
Visvin Reddy was given the option of paying a R30,000 fine or serving ten months in prison. He has since paid the fine.
According to the National Prosecuting Authority (NPA) in KwaZulu-Natal, Reddy’s legal troubles stem from 5 March 2024, when he addressed a political gathering in Shallcross, Durban, during the run-up to the national and provincial elections.
The gathering formed part of the MK Party’s campaign, where Reddy threatened unrest if the party was barred from contesting the elections.
At the time, there were widely publicised disputes and litigation with the ANC relating to the MK Party’s participation and registration to contest the polls.
Reddy told supporters there would be “civil war and anarchy” if the MK Party did not appear on the ballot, adding that there would be “no elections and no one in the country would vote”.
Videos of the address were widely circulated on social media and news platforms.
He was subsequently charged with incitement to commit public violence, read with Section 17 of the Riotous Assemblies Act 17 of 1956.
His guilty plea was entered in terms of Section 105A of the Criminal Procedure Act 51 of 1977.
In his plea, Reddy acknowledged that his actions were unlawful and intentional, and that his statements could reasonably have led members of the public to engage in violence.
He further accepted that, as a public representative and political leader, he carries a heightened responsibility to ensure his speech does not incite unlawful conduct.
Although no violence followed, he conceded that the legal test considers the foreseeable consequences of such statements.
Reddy also affirmed the importance of upholding the rule of law and constitutional democracy.
In accepting the plea, the court considered that Reddy had, shortly after the incident, issued multiple public apologies on social media and urged non-violence during the elections.
It also took into account that he had already been sanctioned by the Electoral Court on the same facts for contravening Section 87 of the Electoral Act, which requires elections to be conducted freely and fairly.
For that offence, he received a R150,000 fine, suspended for five years on condition that he does not violate the Act or make statements undermining electoral processes during the suspension period.
The NPA said it hopes the sentence will serve 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 in public office, are reminded that there are consequences for such conduct, and the NPA will not hesitate to hold offenders accountable,” the NPA said.
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