Cape Town – The Supreme Court of Appeal has dismissed EFF leader Julius Malema and his party’s application to appeal against an interdict won by AfriForum in 2017.
The interdict prevents Malema and the EFF from inciting people to trespass on private property and illegally occupy it.
AfriForum welcomed the ruling, stating that Malema and the EFF have exhausted all legal avenues in this battle.
The ruling highlights that incitement to trespass and invade land is a serious crime.
“Having considered the Notice of Motion and the other documents filed. It is ordered that: 1. Condonation, as applied for, is granted. The applicant for condonation is to pay the costs of the application. 2. The application for leave to appeal is dismissed with costs on the grounds that there is no reasonable prospect of success in an appeal and there is no other compelling reason why an appeal should be heard.”
According to News24, the court ruled that should the party continue to advocate for the invasion and illegal occupation of land, it would be considered a severe crime.
AfriForum said the outcome is a significant victory for the right to private property and a loss for those promoting criminality and lawlessness, Times Live reported.
“In January 2023, Malema and the EFF applied for leave to appeal in this case with the high court in Pretoria — the application was dismissed. They then took the matter to the Constitutional Court, which dismissed their application in March 2023. Even after the highest court in South Africa — the Constitutional Court — dismissed their application for leave to appeal, they approached the Supreme Court of Appeal. Today’s definitive verdict by that court leaves Malema and the EFF with no further options for appeal,” the report quoted AfriForum as saying
Ernst van Zyl, campaign officer for strategy and content at AfriForum said: “This third and final defeat for Malema and the EFF in this important battle is a major win for the right to private property and a devastating loss for those who wish to incite criminality and lawlessness.”
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Compiled by Betha Madhomu
