---
title: "Malema says ‘apartheid act’ must be challenged"
description: "In an application to the high court in Pretoria, Economic Freedom Fighters leader, Julius Malema has charged that a decision to prosecute him is politically motivated and the act under which he is being charged is unconstitutional. By ORATENG LEPODISE."
type: "NewsArticle"
publisher: "Daily Maverick"
site: "https://www.dailymaverick.co.za"
section: "South Africa"
author: "Orateng Lepodise"
author_url: "https://www.dailymaverick.co.za/author/orateng-lepodise/"
canonical_url: "https://www.dailymaverick.co.za/article/2017-07-07-malema-says-apartheid-act-must-be-challenged/"
published: "2017-07-07T12:20:01"
updated: "2017-07-07T12:20:14"
lang: "en-ZA"
word_count: 630
---

# Malema says ‘apartheid act’ must be challenged

> In an application to the high court in Pretoria, Economic Freedom Fighters leader, Julius Malema has charged that a decision to prosecute him is politically motivated and the act under which he is being charged is unconstitutional. By ORATENG LEPODISE.

By Orateng Lepodise · Published 7 July 2017, 14:20 SAST · Updated 7 July 2017, 14:20 SAST

## Content

In papers filed at the North Gauteng High Court in Pretoria, Julius Malema contends that a decision to prosecute him is “irrational” and underpinned by improper political purposes.

Malema is facing charges in the Newcastle Regional Court of incitement to commit crime relating to statements that he made while addressing EFF supporters in two separate incidents – one in 2014 at the EFF's elective conference in Bloemfontein and another in 2016 in Newcastle.

During both incidents, Malema allegedly “unlawfully and intentionally incited, instigated, commanded or procured his Economic Freedom Fighters and or others to commit a crime, to wit, trespass, in contravention of Section 1 (1) of the Trespass Act 6 of 1959 by illegally occupying any vacant land wherever they found some and thereby committing the crime of incitement”.

Malema appeared in the Newcastle court earlier this week on these charges but the matter was postponed to 1 September pending the outcome of his High Court application.

In his founding affidavit filed on Thursday, Malema argued that the Trespassing Act was a remnant of the apartheid era and “serves no legitimate purpose” in limiting his rights. He said: “It is arbitrary to state that any speech which is directed at ensuring that the government delivers on its constitutional mandate on land reform must be criminalised.”

“I accept that the land question is emotive in South Africa, but the EFF regards land as an area of priority in its political manifesto and has used it to campaign against the ANC because the ANC has failed in land restitution,” the EFF leader says in his papers.

Malema further contended that the EFF’s call for land occupation is a necessary demand for the ANC-led government to comply with the constitution mandate on land reform and restitution.

Over and above this, Malema challenges the National Prosecution Authorities’ (NPA) decision to prosecute him saying, in particular, the National Director of Public Prosecutions, Shaun Abrahams, was abusing his power and that this was “a strategy to silence and intimidate him”.

Malema said the first summons was served on him while he was speaking out in support of former Finance Minister, Pravin Gordhan, who had been charged along with two others of fraud relating to the former South African Revenue Services (Sars) deputy commissioner Ivan Pillay’s early retirement.

At the time Malema:

- Called for Abrahams to vacate his office;
- Confirmed his support for Gordhan; and
- Expressed concern that the national ruling party had reduced south Africa to the status of a “banana republic”.

“The timing of service of the summonses was no accident or coincidence... The NPA has never sought to lay criminal charges against (him) for over two years, and chose a moment where I was criticising the government, and/or its organs to lay criminal charges against me,” Malema said.

His affidavit also questioned the independence of Abrahams saying that before he took the decision to charge both him and Gordhan, the NDPP had met with senior government leaders at Luthuli House, the ANC's headquarters.

“It is unprecedented, inexplicable and unjustifiable that the head of the NPA would hold meetings with leaders of political parties and the Executives of the State at their party political head office to discuss anything related to potential prosecutorial matters,” the affidavit read.

At the time, Abrahams said he had met with the government officials to discuss the #FeesMustFall student protest, arrests and prosecution. In Parliament the President said the meeting was a security cluster meeting.

NPA spokesman, Luvuyo Mfaku, indicated that Malema's application would be opposed. **DM**

*Photo: Julius Malema, the firebrand leader of South Africa’s Economic Freedom Fighters (EFF) looks on before addressing his supporters during his campaign, ahead of the August 3 local government elections, in Etwatwa, a township near Benoni, South Africa. July 27,2016. REUTERS/Siphiwe Sibeko.*