Action recap: Sakeliga improves property protection against land invaders

Julius Malema leader of the EFF Economic Freedom Fighters

Our urgent intervention upheld crucial legislation against land invasions, enhancing property protections. 

The EFF and Julius Malema brought an application in 2019 to the High Court to have section 18(2)(b) of the Riotous Assemblies Act, which prohibits incitement to commit crimes including trespassing onto property, be declared unconstitutional. The EFF also brought a plea to have the Trespassing Act, which confirms the common law crime of trespassing, declared unconstitutional. Had they succeeded in their application, it would have diluted property rights by making law enforcement against illegal trespassers more difficult.

The case was made following criminal prosecution of Malema due to his incitement of followers to occupy land. The High Court judgment was consequently referred to the Constitutional Court for confirmation of constitutional invalidity. Sakeliga entered the Constitutional Court as amicus curiae (friend of the court) and made unique submissions in support of retaining the crime of incitement and accompanying sentencing provisions. The Supreme Court ruling regarding the unconstitutionality of sentencing provisions for the crime of incitement was consequently set aside by the Constitutional Court.

Sakeliga identifies and drives cases in which businesspeople and the public have a common interest. We offer businesspeople a safe avenue to support litigation without public exposure and risks.

  • Our litigation stops state decay and harmful interference where possible and buys time for building alternatives where necessary.
  • We litigate against key threats to commercial order, such as expropriation, BEE, municipal decay and mismanagement, and regulations in the wake of Covid-19.
  • We offer a secure channel for businesspeople to support crucial litigation without public exposure and risks.

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