High court sets aside EFF bid to scrap Riotous Act
The EFF has failed in its bid to have the Riotous Assemblies Act declared unconstitutional.
The North Gauteng High Court has dismissed its application.
The party went to court to challenge the act under which Malema was charged for calls he made to supporters in KZN and the Free State - for people to occupy vacant land.
Handing down judgement, Deputy Judge President Aubrey Ledwaba said the law prevented people from inciting others from committing a criminal act.
Addressing journalists outside the courtroom, Malema said while they respect the court's ruling they still believe the Act is contradictory.
"We are saying the whole act is unconstitutional in the sense that it doesn't have a place in a democratic South Africa. It was passed in response to the Freedom Charter. Remember the Freedom Charter says you shall occupy the land wherever you wish to do so. Then in response, they passed the Riotous Act to say - anyone who does that or anyone who incites people to do that will be arrested and sentenced the same way as those who have occupied the land," he said.