Malema has been charged with violating the Act on at least two occasions - in Newcastle in KwaZulu Natal and in Bloemfontein - when he urged supporters to invade vacant land.

Malema filed an application to the high court in December challenging the constitutionality of the laws used to charge him.

Malema argued that the act was apartheid-era legislation which did not belong on the law books.

He said the Riotous Assemblies Act was passed under the apartheid regime to oppress black people and it should never be tolerated under a new democratic dispensation.

He argued that the act was used to silence him.

ANA