The Pretoria High Court has dismissed an application by Julius Malema and the EFF for leave to appeal an interdict prohibiting the leader and his party from inciting people to trespass on and illegally occupy private property.
Civil rights group AfriForum obtained the high court interdict that prohibited Malema and his party from inciting people to take the illegal action in 2017. The court also ordered Malema and the EFF to pay the applicant’s costs.
In his judgement, Judge Peter Mabuse reinforced and relied on an earlier Constitutional Court judgement, which had emphasised the unconstitutionality of incitement to trespass on private property and the serious criminal nature of any incitement to endanger private property owners or the right to private property. AfriForum campaign officer for strategy and content, Ernst van Zyl, welcomed the ruling.
“This judgement is a major win for private property rights and a big blow to those who wish to incite criminality, violence or lawlessness,” Van Zyl said.
“AfriForum welcomes Judge Mabuse’s judgement which adds the necessary emphasis on the serious criminal nature of inciting people to trespass on and illegally occupy private property.”
