Report No. 248

44. Police (Incitement to Disaffection) Act, Act 22 of 1922

Category: Criminal Justice

Recommendation: Repeal

This colonial Act introduced as a curb to nationalist activities made it an offence to spread disaffection among the police. The Act is loosely worded and prone to misuse. Also, the Act does not describe what amounts to 'disaffection'. This law acts as a significant curb on the freedom of speech, though it is not an obsolete law given some documented uses. However, the need for this law should be re-examined in light of its potential infringement of Articles 19(1) (a) and (b) of the Constitution.