– Moyo and Another V Minister of Police and Others; Sonti and Another V Minister of Police and Others (CCT 174/18; CCT 178/18)  ZACC 40 (22 October 2019) (CC)
Certain provisions of the Intimidation Act 72 of 1982 were recently referred to our Constitutional Court (“the Concourt”) in order to challenge their constitutionality. Note that this Intimidation Act is a relatively short statute.
After considering the application before it, nine Concourt judges presiding in the matter, unanimously came to the conclusion that the Intimidation Act must be amended as follows:
“INTIMIDATION ACT 72 OF 1982
[ASSENTED TO 22 MAY 1982]
[DATE OF COMMENCEMENT: 2 JUNE 1982]
(Afrikaans text signed by the State President)
as amended by
Internal Security and Intimidation Amendment Act 138 of 1991
Criminal Law Second Amendment Act 126 of 1992
To prohibit certain forms of intimidation and to provide for matters connected therewith.
1 Prohibition of and penalties for certain forms of intimidation
(1) Any person who -
(a) without lawful reason and with intent to compel or induce any person or persons of a particular nature, class or kind or persons in general to do or to abstain from doing any act or to assume or to abandon a particular standpoint -
(i) assaults, injures or causes damage to any person; or
(ii) in any manner threatens to kill, assault, injure or cause damage to any person or persons of a particular nature, class or kind; or
(b) acts or conducts himself in such a manner or utters or publishes such words that it has or they have the effect, or that it might reasonably be expected that the natural and probable consequences thereof would be, that a person perceiving the act, conduct, utterance or publication-
(i) fears for his own safety or the safety of his property or the security of his livelihood, or for the safety of any other person or the safety of the property of any other person or the security of the livelihood of any other person; and
shall be guilty of an offence and liable on conviction to a fine not exceeding R40 000 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.
(2) In any prosecution for an offence under subsection (1), the onus of proving the existence of a lawful reason as contemplated in that subsection shall be upon the accused, unless a statement clearly indicating the existence of such a lawful reason has been made by or on behalf of the accused before the close of the case for the prosecution.
1A Intimidation of general public, particular section of population or inhabitants of particular area
(1) Any person who with intent to put in fear or to demoralise or to induce the general public, a particular section of the population or the inhabitants of a particular area in the Republic to do or to abstain from doing any act, in the Republic or elsewhere -
(a) commits an act of violence or threatens or attempts to do so;
(b) performs any act which is aimed at causing, bringing about, promoting or contributing towards such act or threat of violence, or attempts, consents or takes any steps to perform such act;