Opinion Piece 

South Africa belongs to everyone who live in it. But not belong to people who attack police.

Public violence consists in the unlawful and intentional commission, together with a number of people, of an act or acts which assume serious dimensions and which are intended forcibly to disturb public peace and tranquillity or to invade the rights of others.

The interest protected under the crime of public violence are public peace and tranquillity. Or public peace and security. If the concerted action by a number of people also impair or challenges the authority of the state, sedition is committed, and if the acts are accompanied by a hostile intent, the treason is committed.

Section 17 0f the constitution provides that everyone “has the right, peaceful and unarmed, to assemble, to demonstrate, to picket and to present petitions”. If the demonstrations does not take place peacefully, the participants in the demonstration may render themselves guilty of public violence. The following are instances of conduct constituting public violence: faction fighting, violent resistance to the police by a mob; rioting; forcible coercion by strikers of other workers, and the breaking up and taking over of a meeting.

The safety of persons is relevant here, and their safety will be threatened only if the disturbance of the peace is of a serious nature. The participants in the conduct disturbing the peace must act in concert, that is, with a common purpose.

If you enter in a country, you respect the government, the boundaries, the population, and the sovereignty- that is a state.

Mlotshwa 1989 4 SA 787.
Salie 1938 TPD 136
Wilkens 1941 tpd 276
Criminal law by snyman

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