Rex v Malan [1915] ZATPD 27 (23 April 1915)

Criminal Law -Sedition-W hat constitutes.-''Oproer' '-Incitement to sedition.

The crime of sedition has the same meaning as "oproer," and denotes a gathering or concourse of people, or some individuaJs acting in concert, with the purpose·
of tumult or insurrection against the sovereign or the government. Unless it is alleged and proved that " oproer " had actually taken place, a person cannot be convicted of sedition or of incitement to sedition. R. v. Endemann (Bupra, p. 142) followed, but its correctness doubted.