By Lehlohonolo Lehana.
Constitutional Court dismissed the Economic Freedom Fighters (EFF) application for leave to appeal interdict against Julius Malema and supporters from inciting people to invade private property.
Lobby group AfriForum launched the application for an interdict in 2017 after it said Malema had instructed supporters to invade and occupy plots of land.
The group argued that Malema’s instruction was a contravention of the Riotous Assemblies Act and the Trespass Act.
In June, the Supreme Court of Appeal also dismissed the EFF’s application.
“The Constitutional Court has considered the application for leave to appeal and has concluded that the application for leave to appeal is res judicata,” the court said.
“The Court having on 22 March 2023 dismissed an earlier application for leave to appeal brought by the applicant under case number CCT 23-23. Consequently, leave to appeal must be refused. The Court has decided to award costs. Leave to appeal is refused with costs.”
AfriForum’s Ernst van Zyl said there were no further legal avenues available to the EFF.
“The EFF’s hubris, desire to incite lawlessness and their love of frivolous court battles has come at a high price for them in the end. The time for games is now over. The EFF will now have to pay the money they owe AfriForum.
“The implications of Malema and the EFF’s intense desperation, six failed attempts to be exact, to have this land invasion judgment overturned, are disturbing. Why is the EFF so determined to be able to incite lawlessness and criminality? Maybe, because these defeats to AfriForum have thrown a serious spanner into the works for what they had planned.”
For years the EFF has called on its supporters to occupy what they deemed as free and vacant land.
In a statement the party said, “It has noted the Constitutional Court judgement, saying the EFF is being targeted by a gang of racist and thieves in a form of Afriforum.”
“The EFF will never tire or retreat in the fight for the return of our land to the African majority, and this can be achieved through legislative, protest or any other means necessary. No one must ever feel that they are a criminal, for occupying a piece of land in the land of their birth and the land of their ancestors.”