The Economic Freedom Fighters (EFF) are set to approach the Constitutional Court to challenge the constitutionality and validity of the Riotous Assemblies Act of 1956.
This followed the party’s failed bid in the Pretoria High Court to have the Assemblies, as well as the Trespassing Act, declared unconstitutional.
The cases relate to decisions by the National Prosecuting Authority (NPA) to charge EFF leader Julius Malema for allegedly inciting violence and unlawful occupation of land.
Will the red berets have a leg to stand on?
Africa Melane, standing in for Eusebius McKaiser, spoke to specialist reporter Karyn Maughan to analyse the case.
They [EFF] are going to raise very similar arguments that this is essentially inhibiting freedom of speech, that within the context of political rhetoric in this country they have a right to kind of articulate their frustrations about land reform for example, in the way that they chose.— Karyn Maughan, Journalist
They have also attacked the Trespass Act and they are saying that essentially they want allegations of trespass - which are treated as a criminal matter, they want it to be dealt with under the provisions of for instance the prevention of illegal evictions act where there is civil process. The [High] court not agreeing with them on that one and I think they will attempt to raise that in the Constitutional court.— Karyn Maughan, Journalist
Click on the link below to hear more from Maughan: