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Julius Malema defiant in face of court action loss

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Malema argues that the Riotous Assemblies Act was passed under the apartheid regime to oppress black people and that it should never be tolerated under a new democratic dispensation.

EFF's application to challenge the constitutionality of the Riotous Assemblies Act was dismissed by the high court in Pretoria yesterday. /ALON SKUY

EFF leader Julius Malema has remained defiant despite his application to challenge the constitutionality of the Riotous Assemblies Act being dismissed. Malema was charged with violating the Act on at least two occasions - in Newcastle, KwaZulu-Natal, and in Bloemfontein, Free State - when he urged supporters to invade vacant land.

But the North Gauteng High Court in Pretoria yesterday found that Malema's utterances were partly unconstitutional as they incited criminality. "The court disagrees with us and partially agrees with us that section 18 is unconstitutional and referred the matter to the Constitutional Court. Therefore, we'll also appeal directly to the Constitutional Court because we still believe that the Riotous Assemblies Act is unconstitutional," said Malema shortly after the judgment was handed down.

 

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