Justice Mbatha and a white judge blocks Malema, EFF from repossessing land

AfriForum on Wednesday welcomed a ruling by the Supreme Court of Appeal to dismiss the application of leave to appeal by EFF leader Julius Malema and his party against an interdict which AfriForum won in 2017.

The interdict prohibits Malema and the EFF from inciting people to trespass on private property and to illegally occupy it.

AfriForum said it was pleased as this ruling meant Malema and the red berets had exhausted all legal avenues to fight the battle.

"In January 2023, Malema and the EFF applied for leave to appeal in this case with the high court in Pretoria — the application was dismissed.

"They then took the matter to the Constitutional Court, which dismissed their application in March 2023. Even after the highest court in South Africa — the Constitutional Court — dismissed their application for leave to appeal, they approached the Supreme Court of Appeal.

"Today's definitive verdict by that court leaves Malema and the EFF with no further options for appeal," AfriForum said.

AfriForum said the ruling spelt out that incitement to trespass and invade land is a serious crime.

"Even though this fight against the incitement of criminality by thugs is now conclusively over, the question still needs to be asked: Why were Malema and the EFF so intensely desperate to be allowed to incite land invasions?" said Ernst van Zyl, campaign officer for strategy and content at AfriForum.

"This third and final defeat for Malema and the EFF in this important battle is a major win for the right to private property and a devastating loss for those who wish to incite criminality and lawlessness," Van Zyl added.

For years the EFF has called on its supporters to occupy what they deemed as free and vacant land.