‘Victory’ as Malema takes ‘apartheid’ Riotous Act to ConCourt

According to a seething Malema, who addressed journalists after the high court’s judgment, the act needed to be declared unconstitutional.

Malema said: “The court ... partially agrees with us, that section 18 2B, which was used to charge us, is unconstitutional and referred the matter to the Constitutional Court. Therefore we will also appeal directly to the Constitutional Court because we still believe that the Riotous Assemblies Act is unconstitutional in its entirety.”He said: “We find that there is no reason to order the declaratory relief requested by the applicant.

The charges date back to 2014, when at the EFF’s elective conference in Bloemfontein, Malema told party members that they should occupy land. Malema was charged for allegedly violating the act twice after he also told his supporters from Kwazulu-Natal to forcefully occupy land.But the department of justice and the national prosecuting authority argued that it did not limit the right of freedom of expression.

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