ABSTRACT
Following the argument that counterinsurgency must honour the basic norms of law and justice, the author seeks to determine the requirements in a South African Court of Law whereby to identify actions by such organisations as trade unions, which are aimed at bringing about revolution. It is argued that violence and symbols of violence remain the most important nodal point in adducing evidence that even a non‐violent action is aimed at furthering revolution. It is concluded that the burden of proof in such cases remains difficult for the prosecution in terms of theoretical evidence, because most of the usual political arguments concerning the relationship between trade unions and revolution are irrelevant. It is also found that conceptualization of the word “revolution” is an important aspect in helping to solve the problem.