Someone is standing on a street corner in Blairgowrie, Johannesburg. She hands out flyers advocating for land expropriation without compensation. It scares people; they worry that their property will be seized.
Acting Justice Aubrey Ledwaba said that a “plain reading” of section 1 of the Intimidation Act criminalised conduct that caused someone to fear for their own safety or the safety of their property or livelihood.The real-life story that gave rise to the case was that of General Moyo, a community activist who in 2012 sought permission to hold a march to the Primrose Police Station in solidarity with those that had been gunned down by the police in Marikana the same year. Permission was refused.
The Supreme Court of Appeal had sought to save the legislation in line with a long-established principle: that if there is a way to read a law that will make it constitutionally compliant, that is the route that courts should take, rather than striking it down. He added that there was a danger that, when there were too many “canons of statutory interpretation” in use, people would find it impossible to regulate their conduct - thereby implicating the rule of law. The rule of law requires that laws are sufficiently clear to allow people to know what’s allowed and what’s not allowed.
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