Archive photo illustrating the uMkhonto weSize party. (Photo: AFP)
The Durban Regional Court sentenced Visvin Gopal Reddy to a fine of R30 000 or ten months’ imprisonment, half of which was suspended for five years, after he pleaded guilty to charges of incitement to public violence.
According to the National Prosecuting Authority (NPA), the 55-year-old Reddy’s guilty plea, in terms of art. 105A of the Criminal Procedure Act, related to an incident in 2024 when he addressed a political gathering in Shallcross, Durban, in the run-up to the national and provincial elections that year.
During this meeting, which was part of legal election campaigns for the uMkhonto we Sizwe (MK) party, Reddy threatened that there would be “civil war and anarchy” in the country if the MKP’s name did not appear on the ballot paper. He went on to say that there would be “no elections and no one in the country would vote”. Footage of the speech was widely shared on social media and news platforms.
In his guilty plea, Reddy admitted that his actions were “unlawful and intentional” and that his words could reasonably lead to violent action by members of the public. He also accepted that as a public representative he has a greater responsibility to ensure that his statements do not encourage illegal behaviour.
Although no violence occurred after the utterances, Reddy admitted that the legal test focuses on the “foreseeable consequences of the words uttered”. He further indicated that he recognizes the importance of the rule of law and constitutional democracy.
Members of the MK party. (Photo: MKP/X)
When sentencing, the court took into account that shortly after the incident, Reddy published several videos in which he apologized and pleaded for non-violence. Reference was also made to a previous sanction by the Electoral Court, where he was given a suspended fine of R150 000 for breaching the Electoral Act.
The NPA said it hoped the sentence would serve as a deterrent. “The offense of incitement to public violence, whether in person or on any platform, is a serious offence,” said the NPA. “Members of society, especially those in public positions, are reminded that there are consequences for inflammatory statements.”