The Economic Freedom Fighters (EFF) said it would approach the Constitutional Court to challenge the constitutionality and validity of the Riotous Assemblies Act of 1956.
This followed the party’s failed bid in the Pretoria High Court on Thursday to have the Assemblies, as well as the Trespassing Act, declared unconstitutional.
The court cases, which the Pretoria High Court decided on, emanate from the decision by the National Prosecuting Authority (NPA) to charge EFF leader Julius Malema for allegedly inciting violence and unlawful occupation of land.
The bench of judges at the Pretoria High Court found that the application to also review and set aside the decision to charge Malema should be dismissed.
However, the EFF leader said he was relieved they can take the matter related to the constitutionality of the Riotous Assemblies Act to the highest court in the land.
“The court disagrees with us and partially agrees with us that Section 18 2B used to charge us is unconstitutional and refer the matter to the Constitutional Court.”
Section 18 of the Riotous Assemblies Act, which is being challenged by the EFF, said that any person who attempts to commit any offence against a statute shall be guilty of an offence and if no punishment was provided, be liable on conviction to the punishment to which a person convicted of actually committing that offence would be liable.
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