Malema’s challenge of apartheid-era legislation postponed

EFF president Julius Malema’s challenge in the High Court in Pretoria of the constitutional validity of the Riotous Assemblies Act of 1956 has been postponed to December 12 2018.

Malema is facing separate charges under the Riotous Assemblies Act of 1956 in the Bloemfontein and Newcastle magistrates’ courts for his calls on EFF supporters to illegally occupy land.

Represented by Advocate Thembeka Ngcukaitobi, the EFF argued that “the ANC government has used that apartheid legislation to charge” Malema.

The party was picketing outside the High Court in Pretoria today where a full bench will hear two applications involving it.

The first application was made by the EFFs president Julius Malema who is challenging the constitutional validity of the Riotous Assembly Act of 1956.

The second application, involving other political parties, seeks to challenge former president Jacob Zuma’s application for leave to appeal a court ruling that orders him to personally pay the legal costs for trying to block the release of the state of capture report by former public protector Thuli Madonsela.

Zuma seeks to appeal that he personally pay an estimated R10 million.

The EFF said in a statement on Wednesday that the Riotous Assemblies Act is apartheid legislation “enacted to fight the Freedom Charter”.

The EFF said: “That act was the basis of the famous treason trial of Nelson Mandela, Walter Sisulu, and others.

The party added that the ANC government used that apartheid legislation to charge Malema, claiming that should the court rule the act unconstitutional, Malema’s related charges would be dropped.

The EFF said it and other parties would oppose Zuma’s application to ensure the former president personally pays the costs.

“Both of these cases have huge implications for the people of South Africa. They relate to the first and seventh non-negotiable pillars of the Economic Freedom Fighters: land and the call for a corrupt free government,” they added.

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