Land invasion: Malema and EFF lose yet another case to AfriForum
The Economic Freedom Fighters (EFF) and its leader Julius Malema suffered yet another loss after the Supreme Court of Appeal dismissed their application for leave to appeal an interdict which AfriForum acquired in 2017 on illegal occupation of private property. According to the lobby group, the interdict prohibited Malema and the EFF from inciting people to […]
The Economic Freedom Fighters (EFF) and its leader Julius Malema suffered yet another loss after the Supreme Court of Appeal dismissed their application for leave to appeal an interdict which AfriForum acquired in 2017 on illegal occupation of private property.
According to the lobby group, the interdict prohibited Malema and the EFF from inciting people to trespass on private property and to illegally occupy it.
EFF AND MALEMA LOSE TO AFRIFORUM
In January 2023, Malema and the EFF applied for leave to appeal in this case with the Gauteng High Court in Pretoria and the application was dismissed.
They then took the matter to the Constitutional Court and their application was dismissed in March 2023. Malema and his party then approached the Supreme Court of Appeal.
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AfriForum said this is the fifth loss for Malema and the EFF in this same matter. First the interdict was granted by default because Malema’s attorneys did not show up at court in 2017. Second Malema’s rescission application was dismissed with costs. Third Judge Mabusa of the High Court dismissed Malema’s application for leave to appeal.
Fourth the Constitutional Court dismissed his application for direct access and appeal and now the Supreme Court of Appeal likewise dismissed the appeal because there are no prospects of success. It is now established law that incitement to trespass and invade land is a serious crime.
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WILL THE RED BERETS CONTINUE TO ADVOCATE FOR LAND INVASION?
Ernst van Zyl, Campaign Officer for Strategy and Content at AfriForum said even though the fight against incitement of criminality by thugs is now conclusively over, the question still needs to be asked: Why were Malema and the EFF so intensely desperate to be allowed to incite land invasions?
“This third and final defeat for Malema and the EFF in this important battle is a major win for the right to private property and a devastating loss for those who wish to incite criminality and lawlessness,” Van Zyl said.
The EFF is yet to respond to the judgement handed down by the Supreme Court of Appeal.
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