An interdict was granted in the Gauteng High Court, Pretoria on Tuesday against EFF leader Julius Malema and his party after AfriForum and AfriBusiness approached the court to prohibit Malema and the EFF from inciting illegal land grabs.
The effect of the interdict is that Malema and his party members could face arrest if they incite violent land grabs in future.
The aim of the application was to prevent Malema and the EFF from making public statements about land occupation.
This comes in the wake of Malema preparing for a legal challenge on the Riotous Assemblies Act, having on several occasions over the past few months appeared in court for calling on his members occupy land.
The groups served court papers on Malema in November last year, setting out their intention to head to court.
Malema did not respond to the application, and Judge Peter Mabuse on Tuesday delivered a summary judgement in Malema’s absence, gagging him and his party from inciting violence and trespassing on private property with the aim of grabbing land.
They will ask that Malema be interdicted from inciting people to grab land and trespassing on private property with the aim of grabbing land.
Catharina Cooks, of AfriForum, said in court papers they were deeply concerned about the safety of investing in projects where land had to be bought in South Africa.
“There has to be certainty in regard to the strength and enforceability of property rights for economic stability and growth. If, for instance, property rights are not respected, financial institutions will become reluctant to advance loans or use land as a form of security,” Cooks said.
She added that this would curtail economic growth and stability as many individuals or entities would not have access to funding to start or expand their businesses.
Cooks said it was known that Malema and other EFF members had over the years incited people to occupy land belonging to others.