EFF leader Julius Malema has been summoned to appear in the Newcastle magistrate's court today under the Riotous Assemblies Act for calling on people to occupy land on two occasions, in 2014 and 2016.
Malema has been charged under this Act, created in the 1970s under apartheid. for inciting violence.
Malema believes he is being targeted because of his anti government stance.
EWN Clement Manyatela says Malema's lawyers have argued proceedings cannot continue as they are planning on bringing an application to the High Court to challenge the constitutionality of the Riotous Assemblies Act under which Malema has been charged.
His legal team have therefore asked for a postponement until 5 May 2017.
Listen to Malema's address outside court and EWN Clement Manyatela's report on the court proceedings below: