He faces charges of violating the Apartheid Riotous Assemblies Act after he urged people to occupy vacant land. The matter was postponed last year pending the outcome of a case in the North Gauteng High Court, where Malema is challenging the constitutionality of the Apartheid Riotous Assemblies Act on grounds that it is constitutionally invalid. It is reported that on December 16, 2014, during the party’s elective conference, Malema incited party members to commit a crime, by occupying any vacant land they came across. During his appearance on Friday in courtroom 20, his legal representative, Hanno Maree, requested that the accused being Malema be excused from the next court appearance on grounds that the party is already challenging the constitutionality of the Riotous Assemblies Act. The NPA did not oppose the request and rather said they do not have a problem with Malema being excused from the next appearance on the 8th of November as he has other obligations as a member of the National Assembly.

Maree reiterated that there is no certainty that the case will be ready for trial come November.

The magistrate, however, did not grant the request and said matters such as these should be finalised within six months, but the matter against Malema has been on the rollover three years and cannot keep postponing the case for the sake of parties involved reaching an agreement on the postponement.

Responding to the Magistrate's question as to whether he understands or not, Malema said "I do not understand why the court cannot guarantee why I cannot be excused from the next court appearance. Why should I come on the 8th to apply to be excused when I am already here".  

He thereafter outside the court told members of the media and EFF supporters that he will not be faced-off by mediocre within the Judiciary system, nor in parliament or anywhere else.

OFM News