The Citizen (KZN)

‘Fight land battle at ballot box’

EFF LEADER TOLD COURT IS NOT THE PLACE TO SETTLE ISSUE No evidence his calls resulted in violence, yet he is criminalis­ed – defence.

- Ilse de Lange – ilsedl@citizen.co.za

EFF leader Julius Malema was free to vigorously challenge the slow pace of land reform in SA and should tackle the issue at the ballot box, not by asking the court to set aside legislatio­n aimed at preventing lawlessnes­s.

This was the argument presented before a full bench of the High Court in Pretoria yesterday by advocate Brian Epstein, who said Malema’s calls for large-scale illegal land invasions was inflammato­ry and could lead to chaos and spark violence.

Acting for Justice Minister Michael Masutha, Epstein opposed Malema’s applicatio­n to declare sections of the Riotous Assemblies and Trespassin­g Acts unconstitu­tional and to set aside the NPA’s decision to proceed with criminal charges against him in three separate cases.

Malema is facing criminal charges in the Bloemfonte­in and Newcastle Magistrate’s courts for his calls on supporters to illegally occupy vacant land but his criminal trials were delayed pending the final outcome of his constituti­onal challenge to the legislatio­n.

The EFF maintained the apartheid-era law was outdated and was historical­ly used in the ’60s to put many liberation fighters behind bars, including the accused in the Rivonia trial.

Malema’s advocate Tembeka Ngcukaitob­i argued the 1956 Riotous Assemblies Act was part of the apartheid government’s segregatio­n policy, was used as a tool of oppression, and had no place in a constituti­onal democracy.

He said Malema faced prison because he spoke about his political party’s policy, which was that vacant land should be occupied by the landless.

Ngcukaitob­i said there was no evidence Malema’s calls resulted in violence, yet he was criminalis­ed for speaking the truth. It was important to protect his rights.

Epstein argued it was reasonable to assume Malema’s calls to “take any piece of land, it’s yours” would lead to violence.

He said the right to freedom of expression did not trump other rights. Judgment was reserved.

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 ?? Pictures: Jacques Nelles ?? STAND STRONG. EFF members outside the High Court in Pretoria yesterday where party leader Julius Malema appeared.
Pictures: Jacques Nelles STAND STRONG. EFF members outside the High Court in Pretoria yesterday where party leader Julius Malema appeared.
 ??  ?? THERE FOR JULIUS. Economic Freedom Fighters spokespers­on Mbuyiseni Ndlozi arrives at court in Pretoria yesterday.
THERE FOR JULIUS. Economic Freedom Fighters spokespers­on Mbuyiseni Ndlozi arrives at court in Pretoria yesterday.

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