Julius Malema EFF Sanef

Julius Malema, Economic Freedom Fighters (EFF) / Photo by Luke Daniel, TheSouthAfrican.com

Julius Malema back in court: How “the riot act” could land him a prison sentence

Julius Malema is back in court over his alleged contravention of the Riotous Assemblies Act. If found guilty, there could be serious consequences for the EFF leader.

Julius Malema EFF Sanef

Julius Malema, Economic Freedom Fighters (EFF) / Photo by Luke Daniel, TheSouthAfrican.com

In what is proving to be an incredibly busy week for the EFF, party leader Julius Malema finds himself back in court on Thursday morning. The firebrand politician is making his second appearance in the dock within 14 days.

The EFF claimed earlier in the week that they remain “unfazed” by court action, despite encountering a losing streak in 2019. You can add five separate showdowns with AfriForum to challenges from Trevor Manuel and Karima Brown to tally the total amount of applications the party have lost. But does Juju stand a better chance this week?

What Julius Malema is in court for on Thursday

Malema is challenging the constitutionality of the Riotous Assemblies Act of 1956. In laymen’s terms, that’s the law that prevents illegal land occupation in South Africa, and its encouragement. Juju has breached this law several times, including once on the steps of a courthouse in KwaZulu-Natal.

There’s no denying that he encourages land grabs – it’s sort of his whole schtick – so Julius Malema is now challenging the validity of the law in the first place.

What is the Riotous Assemblies Act?

The Riotous Assemblies Act came into force 63 years ago, after the arrest of 156 activists and the commencement of the infamous treason trial. Its sole purpose was intended to prohibit gatherings in public places where it was deemed that they would endanger the public’s peace. It criminalises those who occupy land “without a lawful reason to do so”.

To prosecute Malema for inciting a wide range of trespassing in Bloemfontein and Newcastle would set a lengthy, time-consuming and expensive precedent. The law was created in the apartheid era but serves a purpose in modern times for the protection of our property.

Land grabs: The case made by Juju

The crux of their argument has been to denounce the validity of the law Malema could be prosecuted under. His lawyer, Tembeka Ngcukaitobi, stated that the law was passed and approved during apartheid, and therefore has no bearing in a democratic society.

Not only did they slam the law for inconsistencies, but they blasted it for “prohibiting free speech”. Ngcukaitobi was also keen to stress that Julius Malema and the red berets have only ever called for vacant land to be seized. However, context is a wonderful thing. Looking back over Juju’s calls for land grabs, he has often failed to specify this detail.

Can Julius Malema go to prison for breaking the Riotous Assemblies Act?

The letter of law is complicated, but ultimately, Julius Malema could indeed face jail time for breaking this law: His lawyer admitted so back in December, but the Riotous Assemblies Act defines his calls for land occupation as an incitement to create an unlawful “public gathering in a public place”. According to the legislation…

Any person who, after the prohibition, in terms of this section, of the assembly of a public gathering, and in contravention thereof:

(i) convenes, presides at or addresses; or

(ii) circulates a notice convening a public gathering in a public place – by any means whatsoever – shall, unless he satisfies the court that he had no knowledge of the prohibition, be guilty of an offence and shall be liable on conviction to imprisonment for a period not exceeding three months, and on a second or subsequent conviction to imprisonment for a period not exceeding six months.