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No relief for Malema and EFF: ConCourt rejects land trespass appeal

The Constitutional Court has rejected an appeal by Julius Malema, leader of the country’s third-biggest political party, Economic Freedom Fighters, and the party itself, against an order restricting land trespassing.

The original order was obtained by rights group AfriForum in 2017 and prohibited encouragement of access to private property without permission and occupation of land illegally.

The EFF and Malema its leader, applied for leave to appeal in a case at the Pretoria High Court in January 2023. However, the High Court rejected their application.

Subsequently the EFF filed a petition with the Constitutional Court, which dismissed the petition on Wednesday.

AfriForum Campaign Officer for Strategy and Content, Ernst van Zyl expressed concern over the EFF’s push to overturn a land invasion judgment, as he believes it may incite lawlessness.

The EFF’s desire to have the ruling overturned shows a troubling determination to break the law and promote disorder, according to Van Zyl.

“This ruling is however yet another major win for the right to private property and a devastating loss for those who wish to incite criminality and violence. AfriForum welcomes the Constitutional Court’s reaffirming of the High Court’s strong judgment against the incitement of land invasions,” added Van Zyl.

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