LAND INVASION: Court orders Malema to pay up

The Northern Gauteng High Court, Pretoria dismissed Julius Malema and the Economic Freedom Fighters’ (EFF) application for leave to appeal in AfriForum’s land invasion case with cost.

AFRIFORUM: COURT DISMISSED MALEMA’S APPEAL

The EFF President’s leave to appeal was against an interdict AfriForum acquired in 2017, which prohibited Julius Malema and the EFF from inciting people to trespass on private property and occupy it illegally.

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During court proceedings on Tuesday 17 January 2023, the court also ordered Malema and the EFF to pay AfriForum’s legal cost.

AfriForum said Justice P.M. Mabuse reinforced and relied on an earlier Constitutional Court judgment that emphasised the unconstitutionality of incitement to trespass on private property and the serious criminal nature of any incitement to endanger property, owners, or the right to personal property.

AFRIFORUM SAYS JUDGEMENT AGAINST MALEMA IS A MAJOR WIN

“This judgment is a major win for private property rights and a big blow to those who wish to incite criminality, violence, or lawlessness,” says Ernst van Zyl, Campaign Officer for Strategy and Content at AfriForum.

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“AfriForum welcomes Judge Mabuse’s judgment which adds the necessary emphasis on the serious criminal nature of inciting people to trespass on and illegally occupy the private property.”

Ernst van Zyl

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Since March 2017, AfriForum has obtained five cost orders against Malema and the EFF in five different appearances.

It is estimated that the total amount due in terms of the cost orders is around R550 000.

After the EFF and Malema paid more than R235 000, the amount owed stands at an estimated R315 000.

In November 2019 Malema and the EFF paid an amount of R126 703,59 to AfriForum.

Malema and the EFF owed this amount to AfriForum after Judge Baqwa of the North Gauteng High Court had made a punitive cost order in favour of AfriForum against Malema and the EFF on 12 September 2017.

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The cost order stems from a lawsuit that AfriForum brought against Malema and the EFF to obtain a court order to prevent them from inciting people to illegally occupy or trespass on land. The North Gauteng High Court ruled on 7 March 2017 in AfriForum’s favour and granted the interdict with cost.

AfriForum