Economic Freedom Fighters leader Julius Malema will approach the Constitutional Court to ask it to find the Riotous Assemblies Act unconstitutional.
Malema appeared in the Newcastle Magistrates Court on Monday on charges of contravening the Riotous Assemblies Act for allegedly urging his supporters to invade land.
On Monday‚ his lawyer‚ Tumi Mokwena‚ asked the matter to be postponed to allow Malema to file his application at the Constitutional Court.
The state agreed to the postponement on condition that Malema provides proof that he has filed the application.
If he provides proof‚ Malema will not be required to make his next appearance in the Newcastle Magistrate’s Court on December 7. He will have to appear again in court on May 5.
The charges Malema is facing relate to two incidents — the first dating back to when he was elected EFF president.
Malema told the EFF’s elective conference in Bloemfontein in 2014 that: “We are going to occupy the unoccupied land because we need the land. For us to eat‚ we must have the land. For us to work‚ we must have the land… I come from Seshego. If there is unoccupied land‚ we will go and occupy the land with my branch. You must go and do the same in the branch where you come from.”
At the time‚ AfriForum laid criminal charges against Malema.
The second case is from June 2016‚ when Malema told supporters in the northern KwaZulu-Natal town of Newcastle: “If we say that South Africa belongs to whites too it means we are defeating what our forefathers were fighting for. These whites found us here and not one of them came with a piece of land in their pockets.”
– TMG Digital