Draft Conspiracy, Instigation & Incitement to Commit Offence Bill Submitted to Parliament

Posted 12 October 2026 Written by Acts Online
Category Justice

Brought to you by SA Legal Academy: Parliamentary papers have recorded the submission of the draft Conspiracy, Instigation & Incitement to Commit Offence Bill for information and planning purposes, ahead of its formal tabling.

The draft Bill seeks to replace residual criminal provisions under the Riotous Assemblies Act, No. 17 of 1956, specifically addressing statutory offences relating to conspiracy, instigation, and incitement. Formal introduction and legislative processing will occur once certification has been concluded by the Office of the Chief State Law Adviser.

Cabinet approved the draft Bill at its meeting on 26 July 2026. The legislative reform emanates from the South African Law Reform Commission (SALRC) review of colonial and apartheid-era legislation administered by the Department of Justice & Constitutional Development, which published a discussion paper on the topic in July 2024.

Key Regulatory Elements

  • Statutory replacement: The Bill will establish a modernised statutory framework for inchoate offences, repealing remaining sections of the Riotous Assemblies Act, No. 17 of 1956 that have been subject to constitutional challenges.
  • Legislative status: The draft Bill has been lodged with Parliament for planning purposes only and remains subject to formal certification by the Chief State Law Adviser before formal introduction and publication.

What this means for you, your business, or your clients

  • For yourself: Criminal law and constitutional practitioners must track the formal tabling of the text to assess changes to the threshold requirements for statutory incitement and conspiracy charges.
  • For your business: Compliance officers and risk managers must review internal governance and whistleblowing protocols to align corporate conduct policies with pending adjustments to statutory incitement definitions.
  • For your clients: Corporate and civil society clients facing potential liability or protest-related legal exposure must prepare for the eventual replacement of the Riotous Assemblies Act, No. 17 of 1956 once the new statute is enacted.

Originally published at https://legalacademy.co.za/news/read/riotous-assemblies-act-replacement-draft-bill-submitted-to-parliament

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