Malema fails in bid to appeal land grabs interdict
The Gauteng High Court (Pretoria) has dismissed Julius Malema and the EFF’s application to appeal against an interdict which AfriForum acquired in 2017, which prohibited him and his party from calling on the public to invade and occupy any vacant land of their choosing.
An IoL report says in 2014 and 2016, he called on people to occupy vacant land.
The NPA instituted charges against him saying he violated section 18(2)(b) of the Riotous Assemblies Act.
Malema petitioned the High Court to declare that entire portion of the legislation illegal insofar as it demanded that someone found guilty of inciting others to commit a crime be punished with the same severity as the one who actually committed the crime.
In 2019, the High Court ruled in favour of Malema.
However, in 2020, the Constitutional Court overturned the ruling but found that only a particular section of the Act was unconstitutional and invalid.
Yesterday, Judge Peter Mabuse reinforced and relied on the Constitutional Court judgment which emphasised the unconstitutionality of incitement to trespass on private property.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
