It includes any illicit conduct undertaken by a person owing allegiance to a state with the goal of:
overthrowing the Republic’s government;
coercing the government into action or inaction through violence;
breaching, threatening, or harming the Republic’s survival, independence, or security;
modifying the Republic’s constitutional structure
Prior to 1994, treason accusations were frequently used to crush dissent to the apartheid regime. In post-apartheid South Africa, there has only been one treason conviction. Members of the far-right Boeremag organization were convicted of treason in 2012 after one of the longest cases in South African judicial history. The allegations stemmed from the detonation of eight explosives in Soweto in 2002, as well as an attempt to assassinate Nelson Mandela when he opened a school in Tzaneen. The preparations were thwarted when Mandela chose to fly to school rather than drive. Those convicted of treason received sentences ranging from 25 to 30 years in jail.
However, there has been an increase in treason discussion in recent years, with allegations and attempts to prosecute a number of persons with the crime. The ANC charged EFF leader with treason after he stated he would be willing to overthrow the government at the “barrel of a pistol.” There were also attempts to accuse six UCT students arrested outside Parliament in 2015 during FeesMustFall protests with treason. Following the latter’s calls for the ANC to overthrow President Jacob Zuma, private investigator Paul O’ Sullivan was also threatened with treason charges. Finally, various NGOs have been accused of treason and collaborating for foreign governments.
None of these charges or allegations have ever been brought to court. They are also quite unlikely to be. Except for Malema’s words, all of these measures just question the government. None of these acts demonstrate a willingness to overthrow the government by illegal means, and any court would be unlikely to convict them. However, the tone is problematic and shows the belief that criticism of government activities endangers the state’s stability. In a constitutional democracy, this is simply incorrect.
What evidence is required to convict someone of treason?
It comprises of waging war against them or allying with their adversaries, providing aid and comfort. No one shall be guilty of Treason until two witnesses to the same overt act testify, or unless he confesses in open Court.
Who is immune from treason punishment?
If a person commits treason, their family cannot be penalized. The traitor’s infamy, as well as whatever fines they due, will follow them to their grave, but not beyond.
