Justice Minister Kubayi Defends Conspiracy and Incitement Bill Amid Public Backlash
- Minister Kubayi has spoken out against what she calls misinformation circulating about a newly tabled criminal law bill
- The Conspiracy, Instigation and Incitement to Commit Offence Bill is part of a broader drive to replace apartheid-era legislation
- South Africans have taken to social media to express sharp concern that the bill could be used to suppress free speech
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Source: Facebook
Justice Minister Mmamoloko Kubayi has pushed back against widespread online criticism of the Conspiracy, Instigation and Incitement to Commit Offence Bill, insisting that the legislation is rooted in a Constitutional Court directive rather than any political agenda.
In a post on X on 25 October 2026, Kubayi described the misinformation surrounding the Bill as "worrying" and clarified that the measure forms part of a larger government effort to align apartheid-era laws with democratic and constitutional standards. The Constitutional Court had previously found the original law wanting and ordered that it be updated accordingly.
The minister explained that the Bill did not arrive in isolation. It was among five pieces of legislation released as part of an omnibus process, which initially covered 149 apartheid laws deemed incompatible with the Constitution. The accompanying bills address illegal mining, the Legal Practice Council, and trust matters.
Kubayi, who denied there was a funding crisis for the Madlanga Commission of Inquiry, said a media briefing had been held when the bills were published and that citizens who missed the public comment period could still find detailed information on the department's official website.
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The Bill has attracted significant public attention, with many linking it to the wave of anti-illegal immigration protests that have swept through parts of the country in recent months. Critics fear the legislation could be weaponised to criminalise protest action and dissent.
View the post on X here:
What did South Africans say?
Reactions on X reflected deep scepticism.
@SabeloMntungwa_ questioned the government's priorities, writing:
"You can't amend asylum and immigration laws but put your full energy on bills that will suppress our freedom of expression."
@14Bumblebee17 questioned whether the State Law Advisers had a firm grasp of the Constitution, adding:
"Even a lay person can put the government to shame scrutinizing these bills."
Others were more pointed in their criticism of the ruling party.
@Lenox77839601 accused the minister of protecting vested interests, saying:
"You are hell-bent to protect rubbish; it's suspicious that you choose to ignore the mess ANC has created in its fixation with corruption."
@zandilep7 offered a blunter assessment:
"Apartheid never left; it just changed colour; you're worse than your apartheid counterpart!"
@Squirrel1980021 warned of political consequences, writing:
"The ANC is going to fall because they have taken the very people who put you in power for granted and are trying to persecute its citizens."
Parliament is currently processing the Bill, and members of the public are still able to submit their views directly through the Department of Justice and Constitutional Development's website.
Jacinta Ngobese-Zuma calls for referendum
In a related article, Briefly News reported on Jacinta Ngobese-Zuma’s call for a national referendum on South Africa’s Constitution and for the country to withdraw from the 1951 Refugee Convention after Home Affairs withdrew its asylum directive.
The directive was pulled within days of taking effect, following unrest in Durban and Soweto that included torched vehicles and looted shops. But the Constitutional Court ruling behind the directive remains in force, leaving Home Affairs to find another way to comply.
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Source: Briefly News
