AfriForum has initiated a contempt of court application in the High Court in Pretoria against the Economic Freedom Fighters (EFF) and its leader, Julius Malema. The application follows alleged instances of the political party and its leader encouraging land occupations, with the latest incident cited by AfriForum occurring on July 23. AfriForum stated, "This case is about the rule of law. AfriForum pursued this matter through the courts precisely because we believe that the rule of law applies to everyone. It cannot be that ordinary citizens are bound by court orders, while certain political parties and political leaders regard themselves as above the law and can openly disregard court orders without consequence."
Legal Basis and Allegations
The civil rights organisation AfriForum has requested the High Court in Pretoria find Julius Malema and the Economic Freedom Fighters (EFF) guilty of contempt of court. AfriForum asserts the EFF and Malema are aware of a 2017 court order that prohibits them from encouraging individuals to trespass or enter land without the owner's permission. The organisation states that Malema and the EFF have spent years attempting unsuccessfully to have this order overturned. On July 23, Malema reportedly told an EFF lecture at the University of Limpopo in Polokwane that young people would eventually occupy a farm in Stellenbosch. This statement forms a key part of AfriForum's current application.
AfriForum's Stance
AfriForum CEO Kallie Kriel stated that the application was filed after renewed calls by the Economic Freedom Fighters (EFF) and Julius Malema for individuals to occupy land without permission. Kriel asserted, "the EFF and Malema know exactly what the court order stipulates and have spent years unsuccessfully trying to overturn it. They are now wilfully ignoring the order, and AfriForum will ensure that they face the consequences of their actions." AfriForum has maintained that its legal action centers on the principle of universal adherence to judicial directives. The civil rights organization emphasized, "This case is about the rule of law. AfriForum pursued this matter through the courts precisely because we believe that the rule of law applies to everyone. It cannot be that ordinary citizens are bound by court orders, while certain political parties and political leaders regard themselves as above the law and can openly disregard court orders without consequence."
Court Order Details
The current application from AfriForum stems from alleged breaches of a 2017 court order. This order specifically prohibits the Economic Freedom Fighters (EFF) and its leader, Julius Malema, from making calls for the illegal occupation of land. The civil rights organisation contends that the EFF and Malema have engaged in conduct that violates the terms of this standing judicial directive, leading to the contempt proceedings. AfriForum maintains that the 2017 order remains in effect, despite past attempts by the EFF to have it set aside.
Requested Penalties
AfriForum has requested specific penalties from the High Court in Pretoria should Julius Malema and the Economic Freedom Fighters (EFF) be found in contempt. The civil rights organisation has asked for the EFF to be fined R500,000. Additionally, AfriForum has requested that Mr. Malema be sentenced to 18 months’ imprisonment or receive another sanction deemed appropriate by the court. These requested penalties are part of the legal action stemming from alleged breaches of a 2017 court order prohibiting calls for illegal land occupation.
