AfriForum seeks contempt ruling against Malema over land calls

AfriForum, a South African rights organization, has filed a contempt of court complaint against the Economic Freedom Fighters (EFF) and its leader, Julius Malema. The organization seeks penalties including a fine of R500,000 and 18 months in prison for Malema. The complaint alleges that the party and its leader have persistently incited illegal land occupation.

AfriForum's CEO, Kallie Kriel, emphasized that a court order is not a suggestion that recipients can choose to follow or disregard at their discretion. AfriForum filed the application for contempt of court with the Pretoria High Court on Friday, following recent calls by the EFF and Malema for the illegal occupation of land, despite a 2017 court order prohibiting such actions.

The EFF and Malema are aware of the court order and continue to disregard it, according to Kriel. The most recent incident occurred during an EFF lecture at the University of Limpopo in Polokwane on July 23, where Malema suggested a group of young people occupy a farm in Stellenbosch. On April 6, 2025, the EFF made another public call on its X account for people to occupy land in order to farm and build houses.

AfriForum's lawsuit follows a court order issued in its favor on March 7, 2017, and served on the EFF and Malema. The order explicitly prohibits the EFF and Malema from inciting, instigating, commanding, or procuring any individual to trespass or enter land without proper permission. AfriForum has previously won costs orders in favor of the organization in related judgments. The party and its leader have since appealed to the Constitutional Court and the Supreme Court of Appeal, but both cases were dismissed in 2023.

AfriForum's contempt application is part of a broader issue concerning the rule of law, according to Kriel. He argued that the matter is not about whether ordinary citizens must follow court orders, but rather that political parties and leaders should not be able to openly disregard them without consequence.

Political analyst Dr. Rene Oosthuizen agreed, stating that if a court order has repeatedly been upheld, openly calling for behavior that contradicts it raises questions about respect for the rule of law. Oosthuizen cautioned that the court has yet to issue a decision on the contempt application, expressing concern about political leaders challenging the law when it suits them, while ordinary citizens are expected to comply.