EFF leader Julius Malema is going to march all the way to the High Court in KwaZulu-Natal to have charges against him declared unconstitutional.
Malema appeared in the Newcastle Magistrates’ Court on Monday on charges of contravening the Riotous Assemblies Act.
He faces two charges for urging EFF supporters to invade land.
Advocate Tumi Mokwena told the court that they would seek to have the charges declared unconstitutional.
His next court appearance would be on May 7 next year to determine a trial date, subject to the outcome of the High Court application.
A defiant Malema addressed the crowd outside court and made similar statements about land that got him in trouble in the first place
He said: “The prosecution of people who are demanding the land affects us directly because we want the land so the land must be returned to the hands of the people.”
He added: “This is our continent, it belongs to us. We want our land. It must come with everything. The land comes with the sea. The sea belongs to us. The fish in the sea belongs to us. The land comes with the trees. The trees belong to us. That includes dagga. We want it back.”
Earlier, the EFF said the National Prosecuting Authority (NPA) must charge the party and not only Malema for urging people to invade land, saying the remarks are party policy
proclaimed by all members.