EFF leader Julius Malema Picture: Kailene Pillay

Durban - The case against EFF leader Julius Malema, in which he is facing two counts of contravening the Riotous Assembly Act, has been postponed until February next year. Malema was hauled to court for allegedly inciting supporters to invade land.

In June 2016, he told supporters in Newcastle in KwaZulu-Natal to occupy land as it belonged to the black people.

His legal team is disputing the constitutionality of the Riotous Assembly Act and has accused the State of using “apartheid-era laws” to try and silence him.

According to the charge sheet in the Newcastle case, he has been accused of incitement to commit a crime.

The charge read that on November 7, 2016 Malema unlawfully and intentionally incited, instigated, commanded or procured his EFF and/or others to commit a crime, to wit, trespass, in contravention of Section 1 (1) of the Trespass Act 6 of 1959 by illegally occupying any vacant land wherever they found some and thereby committing the crime of incitement.

After his short court appearance at the Newcastle Magistrate's Court, Malema addressed more than 300 EFF supporters. The main road along the Newcastle Magistrate's Court was closed to traffic to allow for a mobile podium to be erected.

Malema reiterated his call for expropriation of land without compensation. "Unemployment in South Africa is as a result of lack of land, and racism is because of land. 

"They have no respect for people without property. We are fighting for your dignity so you can walk around as a dignified person," Malema said.

The EFF leader went on to say that his party would plan their national rally to coincide with his next court appearance.

Political Bureau