Malema and the EFF need to pay up, says AfriForum after the North Gauteng High Court granted AfriBusiness and AfriForum a punitive cost order for legal costs, including that of two councils, against the EFF and its leader Julius Malema.
It was in March 2017 that AfriBusiness and AfriForum obtained an interim interdict against the EFF and Malema for inciting the public to illegally invade land and trespass.
However, the interdict was delayed after EFF’s rescission application which demanded that the interdict should be set aside. The presiding judge was not satisfied with the explanations EFF offered for filing a late rescission application. As such, a cost order was awarded in favour of AfriBusiness and AfriForum.
Meanwhile, the case was postponed with no appointed date for resumption. It will nevertheless, be placed on the roll for the next available court date.
Speaking, AfriForum’s Manager of Risk and Support Services, Hein Gonzales said:
“We will attempt to obtain a new court date as soon as possible to have the matter heard. We must finalise our interdict against Malema and the EFF, including its members, to prohibit them from inciting and calling on the public to illegally invade land and trespass.
Should they fail to adhere to the provisions of the interdict, AfriBusiness and AfriForum will institute proceedings for contempt of the court order, which could result in a fine or imprisonment or both for either the political leader or members of his party.”
Also, AfriBusiness’ Law and Policy Analyst, Armand Greyling said:
“The EFF and Malema knew they were in trouble and had no justifiable defence as to why our interdict should be set aside. Their efforts amount to nothing more than delaying tactics and we are pleased that the court was not fooled by it.”
AfriBusiness and AfriForum divulged that the EFF and Malema tried to have the matter postponed out of court but they refused.
The AfriBusiness said it wouldn’t have been in the interest of justice, nor justifiable to agree to the postponement as the EFF and Malema continue to call for land invasions and trespassing.
“Although the final battle has not yet been won, we are confident that we have done our homework properly and that the final interdict against the EFF and Malema will be granted,” added Greyling.
Piet le Roux, AfriBusiness’ CEO buttressed on Greyling sentiment. Roux said the organisation is proud to be in the position to fight for justice and the protection of property rights in South Africa.
“May this small victory be a beacon of hope to property owners and a warning to institutions who threaten the rule of law and the sovereignty of the Constitution.
“Malema and the EFF say that they want economic freedom, but their actions will bring only poverty and lawlessness.
“With every incident of incitement and the leading role they play in illegal occupations of land, they undermine order and the prospect of economic progress for society at large,” said Roux
Thereafter, he promised that AfriBusiness and its partners won’t stop fighting those neglecting the stipulations of the country’s Constitution.