Court to decide if Malema incited EFF members to break the law
THE “incitement” trial of EFF leader Julius Malema was scheduled to take place in Newcastle, KZN, today.
Malema was due to appear at the Newcastle Magistrate’s Court on common-law charges of incitement to commit a crime.
The charge sheet indicates that the EFF leader is accused of trespassing in contravention of “section 1(1) read as section 2(1) of the Trespass Act 6 of 1959 as amended by Criminal Law Amendment Act 59 of 1983”.
In June last year, Malema had told supporters in Newcastle to occupy land because it belonged to blacks; whites could not claim ownership of land, he had said.
After his brief appearance at the Newcastle Magistrate’s Court in November last year under the Riotous Assemblies Act was postponed – he was released on a warning – Malema stepped outside the court and told his supporters to “occupy the land because they have failed to give you the land”. “If it means going to prison for telling you to take the land, so be it.
“I am not scared of prison because of the land question, but I am scared of prison if I go to prison for corruption. I don’t want to go to prison for corruption, but I want to go to prison for the land,” he had told supporters.
“We are not calling for the slaughter of white people – at least for now.”
Malema’s legal team are disputing the constitutionality of the Riotous Assembly Act. The EFF has accused the State of using apartheid era laws to silence its critics. – ANA