Malema to approach Constitutional Court to challenge Riotous Assemblies Act
The EFF leader faces criminal charges for allegedly contravening the act after calling for land invasions on two occasions.
Economic Freedom Fighters supporters outside the Bloemfontein magistrate’s court where Malema appeared last month on a charge of contravening the Riotous Assemblies Act. File Photo: ANA
Economic Freedom Fighters (EFF) leader Julius Malema has indicated that he will not be giving up on his fight to have the Riotous Assemblies Act declared unconstitutional.
Following the dismissal of the application to reverse the apartheid-era law by the High Court in Pretoria on Thursday, Malema and the EFF leader will now be heading to the Constitutional Court.
Malema faces two separate criminal charges for allegedly contravening the Riotous Assemblies Act after calling for land invasions.
In 2014, during the party’s elective conference in Bloemfontein, Malema told his party members that they should occupy the land.
In June 2016, he told supporters in Newcastle in KwaZulu-Natal to occupy land as it belonged to black people.
Both criminal trials had been put on hold pending the outcome of his constitutional challenge.
Judge Ledwaba dismissed Malema’s argument that the act was unconstitutional, saying it was necessary to limit people who incite others to commit a criminal act.
The judges have now referred their findings to the Constitutional Court for a final confirmation.
The judges also ordered Malema to challenge the legitimacy of the trespassing charges against him in the lower court where criminal prosecution is ongoing.
“We will now appeal directly to the Constitutional Court because we still believe that the Riotous Assemblies Act is unconstitutional in its entirety,” Malema told reporters inside the courtroom after the judgment.
Malema added that he hoped the NPA would respect the court’s decision that it should wait for the outcome of his constitutional challenge before proceeding to prosecute him over the two criminal matters.
– African News Agency
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