Sheriff guns for EFF’s assets

No jail or fine for the party’s leader Julius Malema, but the courts side with AfriForum.

Julius Malema and the Economic Freedom Fighters have warded off AfriForum’s bid to have them jailed and fined for contempt of court – for now. But could not stop the intended sale of the EFF’s assets at a public auction and accumulated two further costs orders against them.

AfriForum yesterday applied in the High Court in Pretoria for an order jailing Malema for six months and fining the EFF to R500 000 for ignoring a March 2017 court order interdicting them from inciting illegal land invasions.

Judge Nicolene Janse van Niewenhuizen removed the application from the roll with costs after the EFF failed to file opposing papers on time and asked for a postponement, but tendered to pay the wasted legal costs.

In another court, Judge John Louw struck their urgent application to stop AfriForum from selling the EFF’s assets at a public auction from the court roll with costs.

AfriForum obtained an execution warrant to attach the EFF’s assets after it failed to pay legal costs totalling R330 000 from three separate costs orders against them.

The EFF’s counsel, Tembeka Ngcukaitobi, yesterday confirmed the EFF had “offered and paid” about R126 000 to AfriForum in respect of one of the costs orders, but said they had applied for leave to appeal against the interdict ruling and two of the costs orders.

Ngcukaitobi argued the interdict took away his clients’ fundamental right to freedom of expression and stopped them from campaigning for unoccupied land to be given to the people.

He said it was inappropriate to criticise land occupation in a country that faced a housing crisis, yet when Malema spoke to the people to occupy land, he was in contempt of court.