Seeking an 18-month prison term and a R500,000 fine, AfriForum has launched a contempt of court lawsuit at the High Court in Pretoria directed at Julius Malema and the Economic Freedom Fighters (EFF). According to African News Agency, the civil rights organization’s legal action targets alleged breaches of a 2017 court order that prohibits calls for the illegal occupation of land.
The 2017 Court Order and the Catalyst for Contempt
At the heart of this legal dispute is an existing 2017 judicial injunction that forbids Julius Malema and the EFF from prompting individuals to trespass or go onto property without consent from the lawful occupant or owner. AfriForum maintains that both the political party and its leadership are aware of these legal boundaries. For years, the EFF has unsuccessfully attempted to have the 2017 order overturned in court.
The current contempt application was triggered by remarks made on July 23. During a public EFF lecture held at the University of Limpopo in Polokwane, Malema told attendees that young people would one day enter and occupy a farm in Stellenbosch. AfriForum CEO Kallie Kriel argued in a public statement released on Sunday that these declarations represent a willful, open disregard for judicial authority.
“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,” Kriel stated, as reported by African News Agency. Kriel further emphasized that the litigation is fundamentally about upholding the rule of law.
Weighing the Rule of Law Against Anarchic Populism
In commentary published by News24, Fred Khumalo observed that true land justice demands adherence to the rule of law rather than Malema’s anarchic populism. Gardee took aim at AfriForum’s legal maneuvering, noting in the Mail & Guardian, “We won’t be distracted by lizards; We have a crocodile to face.”
What Lies Ahead in the High Court
With the contempt application formally lodged in the High Court in Pretoria, the judiciary must now determine whether the public utterances made at the University of Limpopo constitute a clear breach of the 2017 order. AfriForum is pushing for punitive measures, requesting that the court find both Malema and the EFF guilty of contempt, impose a R500,000 fine on the political organization, and hand down an 18-month prison sentence to Malema, or apply another appropriate sanction.
