Non-profit organisation the Campaign for Free Expression (CFE) argued on Thursday that charging AfriForum and Solidarity with the crime of treason even “if only in the sense of a possible prosecution, is improper and irresponsible”.

Earlier this week, Hawks head Lieutenant General Godfrey Lebeya confirmed that four dockets alleging high treason had been opened, following accusations of the spread of misleading information in the US on South Africa's Expropriation Act.

Lebeya did not mention any names of organisations, however, he said the dockets concerned some individuals that may have crossed the border to communicate things that had been perceived as treasonous.

The Solidarity Movement and its sister organisation, AfriForum, made a trip to the US recently, to discuss concerns regarding South Africa’s policies.

Lebeya said four case dockets were laid by different complainants, and some were laid by political parties.

The CFE argued that the crime of treason – which involves the use or threat of violence to overthrow the government, coerce it, threaten its existence or security, or force a change in constitutional structure – does not have any application to AfriForum and Solidarity’s recent engagements in the US and its public pronouncements.

The CFE said it was alarmed by recent statements made by Police Minister Senzo Mchunu that the police were taking “very seriously” treason charges against AfriForum, and Lebeya’s statement that the Hawks were working closely with the National Prosecuting Authority in investigating these treason charges.

The CFE also noted African National Congress MP Nomasonto Motaung’s statement that AfriForum and Solidarity’s actions can be termed “treasonous behaviour”.

“Statements such as these from law enforcement and public officials speak to a heavy-handedness entirely inconsistent with our Constitution and its values. With very limited exception, speech – however provocative, unpopular or unfounded – does not earn criminal sanction in our law and even the inference that it may do so by senior law enforcement officials is to be deprecated,” the organisation said, adding that this seemed strategic.

Meanwhile, the CFE said AfriForum and Solidarity appeared intent on pushing a narrative that it and many other South Africans fiercely disagree with.

“…it is unquestionable that South Africa faces grave challenges, but their subjective position – that white South Africans, and white Afrikaners in particular, suffer an especial prejudice – is not born out by South Africa’s reality. The pursuit of treason charges against them ironically may allow for the perception that there is substance to their posture,” it added.

The CFE said freedom of speech does not mandate “fair, reasoned and conscientious dialogue”.

“…its protections extend far beyond. Arguably, however, genuine commitment to our country and its betterment does compel such speech,” it said.