Using WhatsApp to commit high treason in South Africa - what the law says

Jan

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Committing high treason using WhatsApp in South Africa — what the law says

Those who incited the recent violence and looting in South Africa could face prison sentences of between six months and thirty years, depending on whether they are found guilty of inciting violations of lockdown regulations or high treason.

One legal professional who spoke to MyBroadband on condition of anonymity, as they are not permitted to speak publicly on political matters, said that the right to freedom of expression in South Africa's Constitution is not absolute.
 
Solitude said:
Will Whatsapp (Facebook) help with the investigation? How does that work? It'll be nice if they can provide evidence.
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They may help, and I think we as normal citizens in this country must put pressure on Facebook to assist fully in the investigation...

**EDIT**

Which actually raises an interesting question of how do we put the pressure on Facebook (and any other international tech companies whose products may have been used). @Jan maybe that could be an interesting article/investigation from your end? Help us figure out who we contact/put pressure on.
 
“However, section 16(2) clearly states that such right does not extend to propaganda for war, incitement of imminent violence, or advocacy of hatred. Our Constitution is very clear about this.”

Ag please, how many times has Malema spewed hatred about killing the white man? Fokkoli ever happens.
 
Pineapple Smurf said:
“However, section 16(2) clearly states that such right does not extend to propaganda for war, incitement of imminent violence, or advocacy of hatred. Our Constitution is very clear about this.”

Ag please, how many times has Malema spewed hatred about killing the white man? Fokkoli ever happens.
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This. It's cringe to browse that man's Twitter page... Shocking that those things can be said by anyone
 
People who committed treason and found guilty should be executed.
Like Julius.
 
Solitude said:
Will Whatsapp (Facebook) help with the investigation? How does that work? It'll be nice if they can provide evidence.
Click to expand...

Facebook is actively involved with Law Enforcement in South Africa. They have created a dedicated system for Law Enforcement where they can log in, post Amber alerts for missing people, request personal information from users of Facebook (they need to upload a court order though) and do many other things. Before Law Enforcement had to deal through Interpol when they needed information from Facebook. Today they get anything they need in a matter of hours.

I am not sure if Whatsapp is included in this system, but I suspect it may be
 
High treason consists of any conduct unlawfully committed by a person owing allegiance to a state with the intention of —
  • overthrowing the government of the Republic;
  • coercing the government by violence into any action or inaction;
  • violating, threatening or endangering the existence, independence or security of the Republic;
  • changing the constitutional structure of the Republic.
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By these requirements the ANC, EFF, Eskom, the unions and taxi drivers are all guilty.
 
Pineapple Smurf said:
“However, section 16(2) clearly states that such right does not extend to propaganda for war, incitement of imminent violence, or advocacy of hatred. Our Constitution is very clear about this.”

Ag please, how many times has Malema spewed hatred about killing the white man? Fokkoli ever happens.
Click to expand...

That wind blows in a acceptable direction for both social media companies and our joke of a government.
 
ToxicBunny said:
They may help, and I think we as normal citizens in this country must put pressure on Facebook to assist fully in the investigation...

**EDIT**

Which actually raises an interesting question of how do we put the pressure on Facebook (and any other international tech companies whose products may have been used). @Jan maybe that could be an interesting article/investigation from your end? Help us figure out who we contact/put pressure on.
Click to expand...
**** this idea. As soon as we normalise the idea of governments getting access to these companies data, they can start doing it for all sorts of reasons. Its always nice when you can get them to do it for reasons you like, what if they start doing it for reasons you don't. I am absolutely against any corporation colluding with the South African government or any government for that matter.
 
tjma2001 said:
**** this idea. As soon as we normalise the idea of governments getting access to these companies data, they can start doing it for all sorts of reasons. Its always nice when you can get them to do it for reasons you like, what if they start doing it for reasons you don't. I am absolutely against any corporation colluding with the South African government or any government for that matter.
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I am in no way suggesting wholesale free for all access.

There are mechanisms where governments can request the data from Facebook/Google etc, and they need to follow those processes. But the pressure on the companies needs to be around not being dicks and cooperating in this instance.
 
tjma2001 said:
**** this idea. As soon as we normalise the idea of governments getting access to these companies data, they can start doing it for all sorts of reasons. Its always nice when you can get them to do it for reasons you like, what if they start doing it for reasons you don't. I am absolutely against any corporation colluding with the South African government or any government for that matter.
Click to expand...

This.

Unequivocally.
 
ToxicBunny said:
I am in no way suggesting wholesale free for all access.

There are mechanisms where governments can request the data from Facebook/Google etc, and they need to follow those processes. But the pressure on the companies needs to be around not being dicks and cooperating in this instance.
Click to expand...
It's a real slippery slope. The border gets constantly tested and eroded. Eventually it will transform into a subscription model, warrant not required.

The reality is that its already too late and you needed to opt out of these system a long time ago. My point was merely to discourage giving public permission for corporations to govern social behaviour. We already have a massive problem with censorship with any contrarian opinion after they were given carte blanche 2 years ago to start deplatforming anyone that didn't align with Democratic Party messaging.
 
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