High court dismisses EFF bid to declare Riotous Assemblies Act unconstitutional

The Pretoria High Court has dismissed Economic Freedom Fighters (EFF) leader Julius Malema application to declare the Riotous Assemblies Act unconstitutional on Tuesday.

Malema was charged with violating the 1956 Act after he told supporters to invade vacant land.

[RELATED] EFF to abstain from voting with other parties after failed Tshwane bid

The red berets leader challenged the constitutionality of the Act, saying the State was using apartheid-era legislation to prosecute him.

Malema says he will now take the matter to the Constitutional Court.

To discuss this judgment, Clement Manyathela on the Xolani Gwala Show chats to Eye Witness News reporter Theto Mahlakoana.

What the judge said was basically in its entirety Riotous Assemblies Act could not be declared unconstitutional which was the first application that EFF made to the court. But in terms of the second application, which is section 2b of the same act, the judge said it could be declared unconstitutional and invalid.

Theto Mahlakoana, Reporter - EWN

Mahlakoana adds that Malema says he is disappointed that the court could not see their argument.

However, he did say he is relieved that this paves the way for them to go to the ConCourt.

Theto Mahlakoana, Reporter - EWN

Listen below to the full interview:


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