EFF and their leader Julius Malema are set to contest criminal charges that were instituted against Julius Malema by the National Prosecution Authority NPA on Tuesday, the constitutional court confirmed.
Julius Malema is charged under section 18 (2)b of the Riotous Assemblies Act for calling on people to occupy vacant land in 2014 and 2016.
The report states that following the charges, the applicants (EFF and Julius Malema) approached the High court for the following:
- (a) setting aside the decision of the NPA to prosecute Mr. Malema.
- (b) declaring section 18 (2)(b) of the Riotous Assemblies Act unconstitutional and
- (C) interpreting section 1 ( 1) of the Trespass Act to mean that it no longer constitutes a crime.
The report also states that “in the Constitutional Court, the applicants argue that the High Court order of constitutional invalidity should be confirmed and that section 18 (2)(b) should be found unconstitutional in Its entirety”
Respondents, however, submit that section 18 (2)(b) of the Riotous Assemblies Act is not unconstitutional.