MK party’s Visvin Reddy, Bonginkosi Khanyile fined R150K over election ‘threats’

The Electoral Court has imposed suspended fines of R150 000 each on two uMkhonto weSizwe (MK) party members for making inflammatory remarks.

The Electoral Court sanctioned MK party MP Visvin Reddy and the party’s former youth league national coordinator, Bonginkosi Khanyile, in a judgment delivered on Wednesday, 3 July.

The Electoral Commission of South Africa (IEC) took legal action against the MK party members over “inciteful” comments made in the lead-up to the 2024 general election after receiving a complaint lodged by the ANC in KwaZulu-Natal (KZN).

The men had threatened violence if the IEC decided to bar former president Jacob Zuma from contesting for Parliament as an MK party candidate, with ANC KZN complaining that their statements posed a threat to the elections.

Electoral Act violated

Following an independent investigation into Reddy and Khanyile’s remarks, the IEC asked the Electoral Court that the politicians be fined R200 000 each for contravening certain sections of the Electoral Act.

The commission further requested that Reddy be disqualified as candidate MP as well as the men be found guilty of contempt of court.

In opposing the IEC’s application, the MK party members disputed that their comments “constituted prohibited conduct”.

They also contended that the alleged contraventions “lacked particularity”.

ALSO READ: Visvin Reddy disciplined by MK party amid expulsion warnings

But Judge Esther Steyn, backed by other Electoral Court judges, found that Reddy contravened sections of the Electoral Act.

“There can be no doubt that, viewed objectively, the statements made by Mr Reddy constitute prohibited conduct in terms of Section 87 of the Act.

“They convey serious threats of violence and intimidation. The intimidation was aimed at citizens not to vote. Moreover, these uttered threats also interfered with the work of the commission, especially the independence of the commission.

“The threats were aimed at coercing the commission and its employees from taking any steps that would prohibit MK from campaigning, even if there was a lawful basis to do so,” the judgment reads.

Read the full judgment below:

IEC vs Visvin Reddy-Bonginkosi Khanyile by Molefe Seeletsa on Scribd

Steyn came to the same conclusion in regards to Khanyile.

“His statements, assessed in the context of when and how they were said, would have been interpreted by a reasonable and informed observer as a threat to prevent the election.

“He repeatedly stated that if their demands are not met, then there will be no election. The statements that were made by both of them had the potential to create social unrest and instability in the country.”

The judge, however, found that the IEC failed to meet the requirements of civil contempt.

Electoral Court sanctions

Furthermore, the Electoral Court considered the possibility of barring Reddy from taking his seat in Parliament, but ultimately factored in his apology, which was considered to be “very weak”.

The fact that Khanyile was sacked from his position as MK party youth leader was also considered by the court.

“This court has been asked by the commission to impose the maximum fine against both.

“In my view, having considered the various factors, imposing a maximum penalty of R200 000 would be disproportional given the fact that Mr Khanyile has already been punished by the MK by removing him from his position as its youth leader.

“In my view, whatever sanction is imposed by this court should be aimed at protecting the electoral process in future.”

READ MORE: MK party to continue court bid to nullify election results

The men were ordered to pay a fine of R150 000 each, which was suspended for five years from Wednesday on the condition that they did not violate the Electoral Act and that they refrained from making any statements intended to undermine the integrity of any electoral process during the period of suspension.

While the MK party’s counter-application was dismissed, each party was ordered to pay its own costs.

“In general, this court does not order an unsuccessful party to pay costs, but this rule is not inflexible as alluded to earlier in this judgment.

“The commission applied for a punitive costs order but ought to have brought this application much earlier. A fair order in my view is that each party should pay its own costs.”

Meanwhile, Reddy was charged with inciting violence. His case is before the Durban Regional Court.