The Gauteng High court in Pretoria has dismissed an EFF application to have the Riotous Assemblies Act declared unconstitutional.
The court dismissed the application on Thursday.
The EFF challenged the act on the basis that it was apartheid legislation, which was enacted in response to the adoption of the Freedom Charter at the Congress of the People in 1955.
Judge Aubrey Ledwaba found that the EFF’s bid was nothing more than a defence to a charge against EFF leader Julius Malema.
“There is no reason to order the declaratory relief requested by the applicant regarding the trespass act as it may in fact, be nothing more than a defence to a charge against Malema,” Ledwaba found.
Malema has been charged in terms of the act in separate cases in the Bloemfontein and Newcastle Magistrate’s Courts, after he allegedly called on EFF supporters to illegally occupy land.