RIOTOUS ASSEMBLIES ACT REPLACEMENT: DRAFT BILL SUBMITTED TO PARLIAMENT

Recent parliamentary papers have announced the submission of a draft Conspiracy, Instigation & Incitement to Commit Offence Bill for information and planning purposes only. Once the draft Bill has been certified by the Office of the Chief State Law Adviser, it will be formally for tabled for processing. At the time of writing the draft Bill had yet to be made electronically available.

Approved by Cabinet at its 26 July 2026 meeting, once passed by Parliament, enacted and operationalised the proposed new piece of legislation:

  • will repeal and replace the 1956 Riotous Assemblies Act
  • reform the legal framework for penalising persons found guilty of the activities concerned, in line with constitutional imperatives, and
  • is expected to ‘strengthen the state’s ability to address conduct that encourages or facilitates the commission of criminal offences’.

This is according to a media statement on the Cabinet meeting at which the draft Bill was approved.

Its contents are likely to have been informed by recommendations in a July 2024 South African Law Reform Commission (SALRC) discussion paper emerging from a review of colonial and apartheid-era legislation administered by the Department of Justice & Constitutional Development. SA Legal Academy reported on this at the time.

Unfortunately, the paper itself is no longer available on the SALRC website – possibly an unforeseen outcome of its recent refurbishment.

  • parliamentary papers
  • 26 July 2026 Cabinet media statement
  • July 2024 SALRC media statement on colonial and apartheid legislation review  

Published by SA Legal Academy Policy Watch

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