The National Prosecuting Authority (NPA) has used the conviction of uMkhonto we Sizwe (MK) Party Member of Parliament Visvin Gopal Reddy to send a strong warning about the dangers of political rhetoric, stressing that even words alone can carry criminal consequences.

Reddy was sentenced in the Durban Regional Court after pleading guilty to incitement to commit public violence, in connection with remarks he made during a March 2024 political rally in Shallcross, south of Durban.

But beyond the sentence, a R30 000 fine or ten months’ imprisonment, half suspended, the NPA emphasised a critical legal principle: that incitement is judged not by whether violence actually occurs, but by what could reasonably happen as a result of the words spoken.

In his plea, Reddy admitted that his statements, in which he warned of “civil war and anarchy” if the MK Party did not appear on the ballot, were unlawful and intentional.

He further conceded that “his words could reasonably have the consequence of members of the public engaging in violent conduct,” acknowledging the broader responsibility carried by political leaders.

The NPA highlighted that Reddy accepted he “bears a heightened responsibility to ensure that his speech does not encourage unlawful conduct,” adding that the case underscores the legal risks tied to inflammatory public statements.

Importantly, prosecutors noted that no violence ultimately followed the remarks, but said this did not lessen the seriousness of the offence.

“He also accepts that although no violence ensued, the legal test has regard for foreseeable consequences of the words spoken,” the NPA spokesperson Natasha Ramkisson-Kara.

He added that their appointment comes at a symbolic time for the country.

“They join the Constitutional Court in the year in which we mark 30 years since the adoption of our democratic Constitution. This anniversary is a significant moment for our nation and serves as an inspiration for our Constitutional Court to sustain the entrenchment of our national values and the supreme law that underpins them.”

The appointments are expected to bolster the Constitutional Court as it continues to play a central role in safeguarding South Africa’s constitutional democracy.

The authority pointed to Reddy’s subsequent conduct as a mitigating factor, including multiple public apologies and calls for non-violence in the lead-up to the 2024 elections.

“Shortly after making the utterances, Reddy published numerous videos on social media… apologising for the words spoken and advocated for non-violence during the elections,” the Ramkisson-Kara.

The court also took into account that Reddy had already been sanctioned by the Electoral Court over the same incident, where he received a suspended R150 000 fine for breaching provisions aimed at ensuring free and fair elections.

Despite these factors, the NPA made it clear the case should serve as a broader warning to public figures and ordinary citizens alike.

“The offence of incitement to commit public violence, whether in person or on any platform, is a serious criminal offence,” Ramkisson-Kara said.

“Members of society, particularly those who hold public positions, are reminded that there are consequences for inciting words spoken, and that the NPA will not hesitate to hold them accountable.”

Reddy’s sentence includes a five-year condition that he not be convicted again of incitement to commit public violence, reinforcing what prosecutors say is a clear deterrent message in an increasingly charged political climate.

*This article was first published by IOL News