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The EFF maintained the apartheid-era law was outdated and was historically used in the ’60s to put many liberation fighters behind bars, including the accused in the Rivonia trial.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