Pretoria – The North Gauteng High Court in Pretoria 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.
Malema has been steadfast in his pursuit, calling on people to occupy vacant property however they wish.
In 2014 and 2016, he called on people to occupy vacant land, however, the National Prosecuting Authority instituted charges against him saying he violated section 18(2)(b) of the Riotous Assemblies Act.
Malema took offence to this, he 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 by the high court but found that only a particular section of the act was unconstitutional and invalid.
On Tuesday, Judge Peter Mabuse reinforced and relied on the ConCourt judgment which emphasised the unconstitutionality of incitement to trespass on private property.
“This judgment is a major win for private property rights and a big blow to those who wish to incite criminality, violence or lawlessness,” said AfroForum’s campaign officer for strategy and content, Ernst van Zyl.
“AfriForum welcomes Judge Mabuse’s judgment which adds the necessary emphasis on the serious criminal nature of inciting people to trespass on and illegally occupy private property,” Van Zyl said.