Radical and controversial EFF leader Julius Malema has accused the State of wrongfully trying to justify the continuation of criminal charges of incitement against him by using cases of people who were convicted for sleeping with prostitutes and killing rhinos.
Epstein gave the court a list of cases in which the State had prosecuted under the act. He admitted that in at least three cases, the State had used the act to convict people who were charged under the Contravention of the Sexual Offences Act. His explanation included that at least two people who slept with prostitutes had resulted in the conviction of all of them. The other case involved three people who were convicted for conspiring to kill rhinos.
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.