The State and defence agreed to a postponement in anticipation of the outcome of a related High Court challenge Malema has lodged.
Addressing supporters outside the court in Bloemfontein, Malema said: “We might be imprisoned, we might go to jail, we might be subjected to fines. Every time such rulings are made against us, you must know that it is not a ruling against the leadership, it’s a ruling against the struggle for the land.
“You must know that when you are EFF, you are the enemy of the Rothschilds, you are the enemy of the Ruperts, you are the enemy of the establishment. The establishment is white monopoly capital, it’s the army, it’s the police, it’s the courts, every institution that existed 300 years ago, that’s what an establishment means,” he continued.
“Not so long ago, they gave a judgment and said, ‘according to the new dawn’… how can a judge use a political speech in passing a judgment? You use the same language of politicians as a judge and want to be respected. Chief Justice [Mogoeng Mogoeng] came to pray for us there in Parliament. We want to make a call to Chief Justice [Mogoeng Mogoeng], please pray for judiciary.”
“We cannot have judges that seek to impress politicians. Did you ever ask yourself a question: ‘What would happen to this country if the judiciary is captured?’ Then we are gone. It is the end of this country,” said Malema.
“The judiciary is about to be captured, I’m warning you now and you’ll know, in the past five years, I’ve never misled you.”
“There was a judge called Judge Nugent who had a meeting with Pravin Gordhan before Gordhan appeared in that Nugent Commission. The judge did not disclose that he met a politician before that politician came into the commission.
“Why are the judges meeting politicians?” asked Malema.
“South Africa be warned, something is happening to the judiciary, something wrong is happening to the judiciary.”
He warned South Africa that “something is happening to the judiciary”.
Malema was appearing in relation to charges that he violated sections of the Riotous Assemblies Act of 1956 when he incited party members to commit a crime, by occupying any vacant land they came across. Malema is challenging the constitutionality of the Riotous Act in the Gauteng High Court in Pretoria.
The State and the defence agreed that the matter should be postponed until November 8, as Malema may appeal the case before the High Court, all the way to the Constitutional Court.