The EFF is in the High Court challenging the constitutionality of the Riotous Assemblies Act.
This after EFF leader was charged with contravening the act after telling supporters to invade vacant land.
The charges relate to two incidents - the first dating back to when he was elected EFF president. In 2014 Malema told the EFF's elective conference in Bloemfontein that they would occupy unoccupied land because they needed it. At the time‚ AfriForum laid criminal charges against Malema.
Advocate Tembeka Ngcukaitobi is arguing that the riotous assemblies act of 1956 under which Julius Malema is charged Was used as a tool of repression under apartheid and cannot stand in a constitutional democracy.