NPA free and required by law to resume prosecution of Julius Malema - Sakeliga
2 December 2020
After last week’s Constitutional Court judgment on incitement and trespassing, the National Prosecuting Authority (NPA) is now not only authorised to proceed with the hitherto suspended prosecution of Mr Julius Malema, but indeed required to do so by law.
This is the view of business group Sakeliga, who acted as amicus curiae in the matter of the Economic Freedom Fighters and Julius Malema v The Minister of Justice and Constitutional Development and The National Director of Public Prosecutions.
In his founding affidavit, Mr Malema stated that the NPA “postponed [the criminal case on the crime of incitement to trespassing against me] pending the outcome of this [Constitutional Court] process.” However, since the crime of trespassing still clearly fits the Court’s amended definition of a serious offence, and since the Court dismissed the EFF’s prayer to circumscribe the Trespass Act, further suspension of prosecution by the NPA would not be justified. The NPA is therefore now authorised and required by law to proceed with prosecution.
See letter to the NPA HERE.