Members of the media are advised that, the Acting Special Director of Public Prosecution and Head of Priority Crimes Litigation Unit, Dr Torie Pretorius SC, on the recommendation of the prosecutor and after having perused the evidence and consulted with the DPP: Free State, Advocate Xolisile Khanyile and the DPP: KZN, Advocate Moipone Noko decided to institute criminal prosecutions against Mr Julius Sello Malema on two counts of incitement to commit the crime of trespassing for his address in Magaung on 16 December 2014 and at a political rally held at Madadeni, Newcastle on 26 June 2016.
Mr Malema will be prosecuted for contravening Section 18 (2) (b) of the Riotous Assemblies Act 17 of 1956 in that he incited, instigated, commanded or procured his Economic Freedom Fighters (EFF) supporters and others to commit a crime, namely, trespass, in contravention of Section 1 (1) of the Trespass Act 6 of 1959 by illegally occupying any vacant land wherever they found same.
Mr Malema was well aware when he passed the said inciting remarks that he was encouraging his members and other people to commit a crime or crimes as he told them that the EFF was going to establish a trust fund to help them pay for legal representatives whenever they were arrested for the trespassing that he incited.
A J175 summons has been served on Mr Malema to appear at the Madadeni and Bloemfontein Regional Courts on 7 and 14 November 2016, respectively, to answer to the charges.Centralization of the two cases will be considered at a later stage.
The Head of PCLU further declined to prosecute Mr Malema on charges of high treason emanating from his statement in an interview with Al Jazeera television station, due to lack of evidence.