The Constitutional Court will on Tuesday hear the Economic Freedom Fighters (EFF)’s challenge to the Riotous Assemblies Act. This comes after a full bench of the High Court in Pretoria earlier found that only a part of the Act was unconstitutional.
The party instituted the court bid after its leader, Julius Malema was charged with violating the act twice, when he ordered EFF supporters to occupy land in KwaZulu-Natal and in Bloemfontein.
Malema argued that the Act criminalized his constitutional right to freedom of expression.
The EFF and its leader have accused the government of using apartheid-era legislation, to silence and stop him from fighting for the landless.
The party wants the Constitutional Court to confirm the North Gauteng High Court’s decision, declaring that parts of the Riotous Assemblies Act were unconstitutional and invalid, for punishing the inciter of a crime with the same sanction as the perpetrator of the incited crime.
They have also applied for direct leave to appeal the high court’s refusal, to declare other provisions of the act unconstitutional, as they unjustifiably infringe on the Constitution’s right to freedom of expression.