Malema's land grab case finally makes it to Constitutional Court

Malema's land grab case finally makes it to Constitutional Court

- The Economic Freedom Fighters will be facing off against the NPA in the Constitutional Court on Tuesday

- The apex court will be deliberating over an earlier High Court ruling on land grabs

- However, it seems unlikely that the efforts will result in the ruling the EFF hopes for

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The EFF, led by Julius Malema, will be in the Constitutional Court on Tuesday over land grabs.

The apex court will be considering a previous High Court ruling in an attempt to determine if the occupation of land without permission still constitutes a punishable offence and whether or not the crime of incitement is consistent with the Constitution.

Briefly.co.za reported that the Malema's application to scrap the Riotous Assemblies Act had failed in the High Court.

The law had been put in place by the apartheid regime to limit the number of protests taking place in South Africa.

Malema had been adamant that the law had become irrelevant, but evidently the court had disagreed.

READ ALSO: Julius Malema appears in Bloemfontein court for land grab comments

But the Red Beret leader had considered the move a victory, pleased that the matter would play out in the Constitutional Court.

The crime of incitement was found to be less severe than the actual crime being committed. Malema has been found guilty of encouraging followers to seize land on two occasions.

However, it seems unlikely that the bid to scrap the apartheid regime law will succeed, with fears that it would encourage reckless and criminal behaviour.

'The right to freedom of expression can never include the right to incite crime', according to the defending National Prosecuting Authority.

With Malema effectively championing squatting, a crime in South Africa, it remains improbable for the judges to undermine the law.

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Source: Briefly.co.za

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