Sakeliga takes on Julius Malema and EFF in ConCourt
18 February 2020
Incitement to commit trespassing and illegal occupation of land on a grand scale should be protected under the Constitution as free speech, was essentially what Mr Julius Malema and the EFF suggested today to the Constitutional Court. The case forms part of an attempt by Mr Malema to evade prosecution on several charges that he incited his followers and/or the public to commit trespassing and illegal occupation of land.
Business organisationSakeliga argued as amicus curiae that incitement to commit a crime can never be protected as free speech, as Mr Malema and the EFF suggest. Sakeliga argued that the existing legal framework, offering protection as it does against incitement, trespassing and illegal occupation, is not unconstitutional and should not be watered down to suit Mr Malema and the EFF.
Sakeliga sought with its contributions to support the arguments of the National Director of Public Prosecutions (NDPP) and the Minister of Justice and Correctional Services, strengthening the ability of the NDPP to prosecute Mr Malema.
“It is unthinkable that Mr Malema or anyone else should receive the protection of the Court or the Constitution when they incite people to commit crimes such as trespassing and illegal occupation. As applicants, they are essentially trying to legitimise what remains essentially criminal conduct, and to weaken the legal framework for property rights in the country to facilitate wide-spread illegal occupation of land. Under what Mr Malema suggests it will become prohibitively expensive to protect one’s property against the infringements of those inciting crime and those occupying land illegally,” says Piet le Roux, CEO of Sakeliga.