Economic Freedom Fighters (EFF) leader Julius Malema is set to approach the High Court in KwaZulu-Natal to have the Riotous Assemblies Act of 1956 charges leveled against him declared unconstitutional.
This emerged at a brief appearance in a packed Newcastle Magistrate’s court on Monday where he faces two charges in relation to the act for urging EFF supporters to invade land.
Advocate Tumi Mokwena told the court that they would seek to have the charges declared unconstitutional.
The case against Malema was postponed to December 7, but Malema would not be required to appear if an application had been lodged with the High Court.
His next court appearance would be on May 7 next year to determine a trial date, subject to the outcome of the High Court application.
Malema is not out on bail, but on warning.
Earlier this year, Malema told supporters in Newcastle that whites could not claim ownership of any land because it belonged to blacks.
Prior to Malema’s arrival on Monday there was a group of about 400 EFF supporters who sang and danced outside the courtroom, watch by police and hundreds of bystanders.
Malema’s arrival at court was greeted by the click of cameras and the hustle of media.
Dressed in a suit and tie, he was accompanied by senior leadership of the EFF, including the party’s deputy president Floyd Shivambu and national spokesman Mbuyiseni Ndlozi.
Malema cracked jokes with the media as he awaited the start of proceedings.
He was set to address supporters outside the Newcastle Magistrate’s court later.
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