Malema lodged the dramatic attack on the State through his legal counsel advocate Tembeka Ngcukaitobi after counsel for the State argued yesterday the EFF leader was not the first person to be charged under the Riotous Assemblies Act in post-apartheid South Africa.
State counsel Hilton Epstein is opposing Malema’s application in the High Court in Pretoria to declare Section 18 (2) (b) to be unconstitutional and unlawful.
Malema launched the application in the High Court after civil society organisation AfriForum lodged incitement charges against him for comments he made on December 16, 2014, in Bloemfontein; June 26, 2016; and November 7, 2016, in Newcastle.
Malema is accused of having encouraged his EFF supporters to occupy vacant land. In one of the incidents, he is charged for allegedly telling his supporters to occupy vacant land which was taken away from black people through genocide by white people.