Julius Malema made a brief appearance in the Bloemfontein Magistrate’s Court on Monday and his case was postponed until June 5 next year to allow him time to challenge the constitutionality of the law under which he was charged.
The prosecution told the court that the Economic Freedom Fighters (EFF) leader had filed a high court challenge in Pretoria‚ where he has challenged the constitutionality of the Riotous Assemblies Act.
The prosecution agreed with the defence that the matter be postponed pending the outcome of that application.
Malema’s attorney‚ Tumi Mokwena‚ said June 5 was a reasonable date to come back to report to the court on the outcome of the application.
The prosecution announced last month that it had instituted criminal prosecutions against Malema on two counts of incitement to commit the crime of trespassing for his address in Magaung on 16 December 2014 and at a political rally held at Madadeni‚ Newcastle on 26 June 2016.
The prosecution said Malema would be prosecuted for contravening Section 18 (2) (b) of the Riotous Assemblies Act in that he incited‚ instigated‚ commanded or procured his EFF supporters and others to commit a crime‚ namely‚ trespass‚ in contravention of the Trespass Act of 1959 by illegally occupying any vacant land wherever they found same.
The prosecution said Malema was well aware when he passed the remarks that he was encouraging his members and other people to commit a crime or crimes as he told them that the EFF was going to establish a trust fund to help them pay for legal representatives whenever they were arrested for the trespassing that he incited. — Tiso Black Star Group Digital