EFF argues section of Riot Act is out of place with SA Constitution
18 February 2020
Legal representatives for the EFF and its leader Julius Malema presented a leave to appeal application in the Constitutional Court on Tuesday with the aim of having sections of the Riotous Assemblies Act declared unconstitutional.
The application relates to a ruling of the Gauteng High Court in Pretoria, which found that the Act was constitutionally invalid because, the court said, "it requires someone found guilty of inciting others to commit a crime to be punished with the same severity as the person who actually committed the crime".
TembekaNgcukaitobi, on behalf of the EFF and Malema as the applicants, also argued this on Tuesday, saying Section 18(2)(d) of the Riot Act "punishes the inciter of a crime with the same sanction as the perpetrator of the incited crime".
In 2014 and 2016, Malema called on people to occupy vacant land. The National Prosecuting Authority (NPA) instituted charges against Malema under the same section of the Act.