EFF sets sights on having apartheid law declared unconstitutional

The party says it will approach the Constitutional Court following the Pretoria High Court’s dismissal of the EFF’s application to have the Riotous Assemblies Act repealed in its entirety.

EFF leader Julius Malema and EFF secretary-general Gordich Gardee at the High Court in Pretoria on 4 July 2019. Picture: Kayleen Morgan/EWN

JOHANNESBURG – The Economic Freedom Fighters (EFF) said it was not backing down in its pursuit to have the Riotous Assemblies Act, which was enacted during apartheid, declared unconstitutional.

The party said it would approach the Constitutional Court following the Pretoria High Court’s dismissal of the EFF’s application to have the law repealed in its entirety.

The EFF has long been of the view that the law used to charge its leader Julius Malema was unconstitutional and invalid.

Although the court ruled the Riotous Assemblies Act of 1956 was not unconstitutional in its entirety, the full bench agreed with the EFF that Section 18, subsection 2 (b) was unconstitutional and invalid.

Judge Aubrey Ledwaba delivered the judgment.

“Section 18 2(b) of the Riotous Assemblies Act is declared unconstitutional and invalid to the limited extent dealing with sentencing; in that, a person convicted under this section is ‘liable on conviction.’”

Malema confirmed the party would appeal to the Constitutional Court.

“We still believe that the Riotous Assemblies Act is unconstitutional in its entirety.”

Malema has two court cases against him before the Bloemfontein and Newcastle Magistrates Courts after he allegedly urged people to illegally occupy vacant land.

The constitutional challenge was lodged at the back of these ongoing cases.

WATCH: Malema: We still believe Riotous Assemblies Act is unconstitutional