Malema case adjourned until 2019

In light of that pending challenge, the EFF leader's criminal case before the Newcastle Magistrate’s Court, in which he stands charged under the act, has been adjourned until next year.   

The charges relate to Malema's 2016 comments to supporters in the town, when he told them to occupy land.  

He made a brief appearance yesterday. 

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Public Prosecutor, Jabulani Mlotshwa requested a lenghty adjournment in order for a judge to make a ruling on the constitutionality of the Act.

The matter was on the North Gauteng High Court roll in Pretoria in April, but it was then removed because, as a constitutional matter, it requires a special allocation.

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Mlotshwa said, as per the State Attorney, the heads of argument have now been filed and the matter set down for a special motion in September.

Meanwhile, Malema's comments outside the court yesterday also caused a stir.

He appears to be standing by the contentious remarks he made at a Youth Day rally earlier this month, that the majority of Indians are racist.

Malema spoke about the controversy surrounding his comments: