Cape Youth Front lays charges of incitement to violence against EFF MP Nazier Paulsen

The initial charge is for incitement to violence under S17 of the Riotous Assembly Act, but further charges may be laid pertaining to the Electoral Act

Robert Duigan

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Robert Duigan

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January 16, 2024

Cape Youth Front lays charges of incitement to violence against EFF MP Nazier Paulsen

Following comments made by Nazier Paulsen on X (formerly Twitter) this weekend, I and Robert King chose to lay charges with the police.

We have done so under the auspices of our fledgling political outfit, the Cape Youth Front, which is a nonpartisan platform for cooperation between young people who support Cape independence. It comprises members of the Referendum Party, the Vryheidsfront Plus, and the DA.

The case itself concerns certain posts Paulsen made which threaten violence against Cape independence supporters. In two tweets in the same conversation, Paulsen incited his followers to locate the IP addresses of Cape independence supporters and said he couldn't wait to line us up for a firing squad.

Naturally, this is an unacceptable thing to say as a Member of Parliament, and constitutes a threat of violence against Cape independence supporters. It is hard to tell exactly how seriously to take this threat, as Paulsen is known for making empty threats every so often. But such behaviour cannot be tolerated.

For I chose to charge Paulsen for incitement to commit violence under S17 of the Riotous Assembly Act. This is almost poetic, as the EFF failed to get this very law declared unconstitutional recently, and lost in a case with Sakeliga as amicus curiae for the other side.

However, following pro bono legal advice I have received this afternoon, there is a case to be made with the Electoral Court too - breaches of the code of conduct this severe can be punished by prison time, and even cause the party to be struck from the electoral roll if they fail to reject Paulsen's remarks.

This can only be brought by a political party, and so I have begun the process of bringing in political representatives to lay the charges.

The Advocate in question has assured me that the case is sound, so long as we follow a prudent strategy. According to his advice, the EFF could also face accountability if they align with Paulsen's statements or fail to repudiate them.

Violation of the Electoral Code of Conduct may lead to fines or imprisonment for up to 10 years. The purpose of the Code is to ensure free and fair elections, promoting an atmosphere of tolerance and free political campaigning. Registered parties and candidates are obligated to comply with the Code, condemn actions undermining elections, and avoid language or actions provoking violence.

Section 94 of the Electoral Act allows the Electoral Court to impose sanctions, including warnings, fines, disqualification of a candidate, or even cancellation of party registration. The Electoral Court has final jurisdiction over electoral disputes, with decisions not subject to review or appeal.

If you or anyone you know between the ages of 16 and 35 wishes to join the Cape Youth Front and get active in achieving Cape independence, whatever your political persuasion or affiliation, you can join here: https://www.capeyouthfront.org/

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