The Economic Freedom Fighters (EFF) has described the Constitutional Court’s dismissal with costs of its appeal bid in the land invasions matter as “disappointing and ahistorical”. This comes after the apex court concluded that the application for leave to appeal has already been adjudicated by a competent court.
Lobby group AfriForum acquired an interdict in 2017, which prohibited EFF leader, Julius Malema and the party from inciting the illegal occupation of land. EFF spokesperson Sinawo Thambo says the interdict which has been upheld by the Constitutional Court is not a defeat for the party, but rather a criminalisation of the country’s liberation history.
“The matter which has been before our courts has now reached finality with a disappointing and frankly ahistorical judgment that criminalises a practical expression of the demands to reverse the sins of colonialism and land theft. It is our considered view that the call for Africans to occupy land should they have the need to do so either for residential and agricultural purposes is part of the very identity of our nation and our history,” says Thambo.
In a statement following the order, AfriForum says this is the sixth court loss for Malema and the EFF and the party is now required to pay all the remaining costs it owes AfriForum for the past six years of this matter in the courts, with interest.
AfriForum Head of Public Relations, Ernst Van Zyl says that this order establishes in law that incitement to trespass and invade land is a serious crime.
“The EFF’s hubris, desire to incite lawlessness and their love of frivolous court battles has come at a high price for them in the end. The time for games is now over. The EFF will now have to pay the money they owe AfriForum. But why is the EFF so determined to be able to incite lawlessness and criminality? Maybe, because these defeats to AfriForum have thrown a serious spanner into the works for what they had planned?” says Van Zyl.
