Justice dept backs NPA case against Malema
The Minister of Justice has defended the decision by the National Prosecuting Authority to charge EFF leader Julius Malema under the Riotous Assemblies act.
Two cases have been opened against Malema after he told supporters in Newcastle and Bloemfontein several years ago to occupy the land.
He's been charged under the apartheid-era act - but the EFF is challenging its constitutionality in the Constitutional Court.
Advocate, Hilton Epstein for the Minister of Justice. "We submit that Mr Malema is, of course, free to exercise his freedom of expression rights. He can denounce the slow progress of land reform. He can passionately advocate for land reform, he can march," He said.
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"He can mobilize people to march with him. And there's nothing to stop him from doing that. But what he might not do, is with direct intent, rouse his followers to action which would be unlawful," said Epstein.
Earlier, Advocate Thembeka Ngcukaitobi for the EFF argued the Act stood apart from other laws passed under apartheid - because it was used to enforce the regime's policies
