EFF loses bid to declare riotous assemblies act unconstitutional

Economic Freedom Fighters leader Julius Malema appeared at the North Gauteng High Court on Thursday. Malema challenged the Riotous Assemblies Act of 1956.
Economic Freedom Fighters leader Julius Malema appeared at the North Gauteng High Court on Thursday. Malema challenged the Riotous Assemblies Act of 1956.
Image: ALON SKUY​

EFF leader Julius Malema’s application to challenge the constitutionality of the Riotous Assemblies has been dismissed. 

Malema was charged with violating the Act on at least two occasions - in Newcastle in KwaZulu Natal and in Bloemfontein - when he urged supporters to invade vacant land.

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

The Gauteng High Court found that Malema’s utterances were partly unconstitutional as they incited criminality. 

Julius Malema and the EFF appeared in the Pretoria High Court on July 4 2019, challenging the constitutionality of the Riotous Assemblies Act. Deputy judge president Aubrey Ledwaba, ruled that the act was in line with the constitution, which does not allow for the incitement of violence.

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