Intimidation Act, 1982

Intimidation Act, Act 72 of 1982 in South Africa (taking effect 2 June 1982) prohibited certain forms of intimidation and to provide for the consequences for such action.

Intimidation Act 72, 1982
Parliament of South Africa
CitationAct No. 72 of 1982
Enacted byParliament of South Africa
Royal assent22 May 1982
Commenced2 June 1982
Administered byMinister of Justice
Amended by
Criminal Law Second Amendment Act 126, 1992
Internal Security and Intimidation Amendment Act 138, 1991
Status: Amended

Content of the Act

The following is a brief description of the sections of the Intimidation Act:[1]

Section 1.1

Defines that any person who without a lawful reason, compels or induces as person to do or abstain from an act or to cease a certain standpoint by assaulting, injuring or causes damage to that person or persons in any manner, threatens to kill, assault, injure or cause damage is guilty of the offence of intimidation. If found guilty, a R20,000 fine or imprisonment of no less than 10 years or both.

Section 1.2

It also defines the onus on the accused to prove a lawful reason for the offence described in section 1.1.

Section 2

Defined the repeal of Sections 10 to 15, inclusive, of the Riotous Assemblies Act, 1956, Act No. 17.

Section 3

Defined the name of the Act.

South African Constitution

During October 2019, the South African Constitutional Court ruled that sections 1(1)(b) and 1(2) is unconstitutional and invalid.[2]

References
  1. "Intimidation Act" (PDF). www.Gov.za. 21 August 2019. Retrieved 21 August 2019.
  2. Moyo and Another v Minister of Police and Others [2019] ZACC 40. Accessed at http://www.saflii.org/za/cases/ZACC/2019/40.pdf
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