EFF Riotous Assemblies Act

The EFF and Julius Malema in 2019 succeeded with an application to the High Court that section 18(2)(b) of the Riotous Assemblies Act, prohibiting incitement to commit crimes, including unlawful entering upon properties, be declared unconstitutional. The case by the EFF was brought following criminal prosecution of Malema for inciting followers to occupy land. The High Court’s judgment consequently was referred to the Constitutional Court for confirmation of constitutional invalidity. Sakeliga joined in the Constitutional Court as amicus curiae and made unique submissions in support of maintaining the offence of incitement and accompanying sentencing provisions. Consequently, the High Court judgment regarding the unconstitutionality of sentencing provisions for the offence of inciting was set aside by the Constitutional Court.