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News24.com | Malema’s land invasion case on hold pending Constitutional challenge

Newcastle – The land invasion matter involving Economic Freedom Fighters leader Julius Malema was on Friday postponed pending a High Court application challenging the constitutionality of the Trespassing Act.

Malema appeared briefly at the Newcastle Magistrate’s Court where the matter was postponed to March 16, 2018.

He was accompanied by Godrich Gardee, Hlengiwe Hlophe and a few party supporters.

AS IT HAPPENED: Malema land occupation case postponed until 2018

Malema had appeared at the regional court in the Newcastle Magistrate’s Court in July and the matter had been postponed to September 1.

His lawyer, advocate Tumi Mokoena, had asked the court to postpone the matter to give him time to file papers at the North Gauteng High Court in Pretoria.

Land invasion call

The EFF leader landed in hot water for calling on EFF supporters to invade land in 2016.

According to the charge sheet, Malema has been accused of incitement to commit a crime.

“On November 7, 2016, in Newcastle, Malema unlawfully and intentionally incited, instigated, commanded or procured his Economic Freedom Fighters and or others to commit a crime, to wit, trespass, in contravention of Section 1 (1) of the Trespass Act 6 of 1959 by illegally occupying any vacant land wherever they found some and thereby committing the crime of incitement,” the charge sheet reads.

READ: Malema’s land invasion trial to continue

Malema was also expected to appear in court on the October 13 on the same charge, but for comments made at Madadeni township in Newcastle on June 26.

Both matters have now been set down for March 16 2018.

Magistrage Theunis Christiaan Lotter Colditz warned Malema to return to the regional court on the set date.

In July, shortly after his appearance Malema told the media that he was merely repeating what the Freedom Charter said.

News24 previously reported that Malema, who has already been charged twice (in Newcastle and in Bloemfontein), under the Riotous Assemblies Act, is now being charged under common law.

He is currently challenging the constitutionality of the Riotous Assemblies Act.

Malema’s pending challenge to the constitutionality of the act is awaiting a date from the Constitutional Court.

After the short appearance he left the court.