Economic Freedom Fighters MP Primrose Sonti has lodged a legal battle to stay out of jail for allegedly threatening to kill a Marikana resident and burn down her house.

If convicted, Sonti faces either a fine not exceeding R40000 or imprisonment for a period not exceeding 10 years, or both. She is currently out on bail.

According to the charge sheet, Sonti is accused of compelling or inducing a Marikana resident, whose name is known to Sowetan, to withdraw criminal charges against Lonmin mineworker and murder accused Anele Zonke.

Sonti allegedly threatened to kill the woman or to burn her house down.

In the court papers, in the Rustenburg Regional Court, Sonti will deny that she did or said anything to threaten or intimidate the woman and tell the court that she only enquired whether the matter could not be resolved through a meeting between families.

Yesterday, Sonti downplayed the charge as "foolish" and said the matter was now with her lawyers. She said her party knew about the charge.

Sonti, with the help of the Socio-Economic Rights Institute of SA (Seri-SA), has filed papers in the North Gauteng High Court in Pretoria against Justice and Correctional Services Minister Michael Masutha, national director of public prosecutions Mxolisi Nxasana, North West director of public prosecutions Xolisile Khanyile and Police Minister Nathi Nhleko.

She wants the court to declare sections of the 33-year-old Intimidation Act under which she has been charged unconstitutional and invalid.

In their court papers, Sonti and Seri-SA said the Intimidation Act infringes on her constitutionally enshrined right to be presumed innocent, to remain silent, and not be compelled to give self-incriminating evidence.

"It compels an accused person to break her silence if she wishes to avoid the onus of proving that she had a 'lawful reason' for her conduct," they said.

They said parts of the Intimidation Act were "extraordinarily broad" and at odds with the right to freedom of expression.

Last year, Zonke was among four men arrested for the murder of a Samancor Chrome mine official.

The Marikana woman claimed Zonke pointed a firearm at her and that she was receiving calls and text messages from someone threatening to harm her unless she withdrew the charges against him.

sidimbal@sowetan.co.za