- EFF deputy Floyd Shivambu has revealed he is certain the charges facing Julius Malema will be dropped.
- The EFF leader is facing charges of incitement under the Riotous Assemblies Act and has argued that the Act is a remnant of the apartheid-era laws to oppress critics of the government
- The State had argued that whilst Malema is entitled to free speech, encouraging supporters to break the law is unacceptabe
According to Floyd Shivambu, deputy leader of the Economic Freedom Fighters, the charges of incitement in contravention of the Riotous Assemblies Act will soon be dropped.
Shivambu was speaking after the court appearance of the EFF leader, Julius Malema in a Pretoria High Court yesterday. He felt that the party’s advocate Tembeka Ngcukaitobi had put forward a ‘superior legal argument’ and that it would be enough to justify the charges being withdrawn.
Briefly.co.za had reported yesterday that the party maintained the laws are outdated and had been utilized in the ‘60s to prosecute liberation fighters. The EFF accused the ANC government of using the act to silence critics.
The EFF leader has made an application to the High Court to declare Section 18(2)(b) unconstitutional and unlawful. This is in response to AfriForum’s charges against him in relation to accusations that Malema had encouraged supporters to illegally occupy vacant land.
The State had argued with Malema that he was not the first person to be charged post-apartheid under the Riotous Assemblies Act and that while freedom of speech was a right Malema enjoyed, encouraging people to break the law was unacceptable.
Judgement in the case has been reserved.
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