The Supreme Court of Appeal (SCA) has agreed to hear EFF MP Primrose Sonti's bid to evade criminal charges that carry a 10-year jail sentence.
Sonti wants the SCA to overturn North Gauteng High Court Judge Nomsa Khumalo's December judgment that there was insufficient cause for the invalidation of sections of the Intimidation Act or it being declared unconstitutional, invalid, depriving her of her right to remain silent and interfering with her right to freedom of expression.
Sonti wants the country's second highest court to declare unconstitutional and invalid the requirement that the onus of proving the existence of a lawful reason for threatening a person rests upon the accused.
In December, Sonti lost her high court bid to quash charges brought against her in terms of the act after she allegedly threatened to burn down a Marikana resident's house if she did not withdraw criminal charges against murder accused Lonmin mineworker, Anele Zonke.
The alleged threats were made in December 2012 and Sonti was arrested and appeared before the Rustenburg Magistrate's Court, where she was released on bail in February 2013.
Sonti denies doing or saying anything to threaten or intimidate the woman and describes the case as "manifestly unjust".
She launched her high court challenge in 2014.
In her application for leave to appeal, Sonti told the SCA that the section infringed on her right to a fair trial as enshrined in the constitution.
Sonti's case will be heard with Makause informal settlement community leader General Moyo. He is also trying to quash charges relating to his alleged contravention of the Intimidation Act. Moyo wants the act declared inconsistent with the constitution as it criminalises any conduct or utterance that has the effect of creating a subjective state of fear in any person irrespective of the purpose or intent of the person engaging in the conduct or making the utterances.
"The [high] court ought to have held, accordingly, that section 1(1)(b) constitutes a far-reaching invasion of the right to freedom of expression, for which no acceptable justification had been advanced," he said in his application for leave to appeal.
Moyo's intimidation charges relate to an October 2012 incident, in which he and other Makause Community Development Forum members sought permission to organise a peaceful march to protest against alleged police harassment and intimidation.
Charges against Moyo were laid by the Primrose, Germiston police station commander and another senior police officer. The two senior police officers claimed Moyo vowed to ensure they were removed, that they would not last in Primrose, and threatened bloodshed and a repeat of events of two months earlier in Marikana, where police killed 34 striking Lonmin miners.
EFF MP Sonti faces criminal charge that carries 10-year sentence
The Supreme Court of Appeal (SCA) has agreed to hear EFF MP Primrose Sonti's bid to evade criminal charges that carry a 10-year jail sentence.
Sonti wants the SCA to overturn North Gauteng High Court Judge Nomsa Khumalo's December judgment that there was insufficient cause for the invalidation of sections of the Intimidation Act or it being declared unconstitutional, invalid, depriving her of her right to remain silent and interfering with her right to freedom of expression.
Sonti wants the country's second highest court to declare unconstitutional and invalid the requirement that the onus of proving the existence of a lawful reason for threatening a person rests upon the accused.
In December, Sonti lost her high court bid to quash charges brought against her in terms of the act after she allegedly threatened to burn down a Marikana resident's house if she did not withdraw criminal charges against murder accused Lonmin mineworker, Anele Zonke.
The alleged threats were made in December 2012 and Sonti was arrested and appeared before the Rustenburg Magistrate's Court, where she was released on bail in February 2013.
Sonti denies doing or saying anything to threaten or intimidate the woman and describes the case as "manifestly unjust".
She launched her high court challenge in 2014.
In her application for leave to appeal, Sonti told the SCA that the section infringed on her right to a fair trial as enshrined in the constitution.
Sonti's case will be heard with Makause informal settlement community leader General Moyo. He is also trying to quash charges relating to his alleged contravention of the Intimidation Act. Moyo wants the act declared inconsistent with the constitution as it criminalises any conduct or utterance that has the effect of creating a subjective state of fear in any person irrespective of the purpose or intent of the person engaging in the conduct or making the utterances.
"The [high] court ought to have held, accordingly, that section 1(1)(b) constitutes a far-reaching invasion of the right to freedom of expression, for which no acceptable justification had been advanced," he said in his application for leave to appeal.
Moyo's intimidation charges relate to an October 2012 incident, in which he and other Makause Community Development Forum members sought permission to organise a peaceful march to protest against alleged police harassment and intimidation.
Charges against Moyo were laid by the Primrose, Germiston police station commander and another senior police officer. The two senior police officers claimed Moyo vowed to ensure they were removed, that they would not last in Primrose, and threatened bloodshed and a repeat of events of two months earlier in Marikana, where police killed 34 striking Lonmin miners.
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