Background on the 2017 Court Order
On 7 March 2017, AfriForum obtained a court order (served on the EFF and Malema) that prohibits them from “inciting, instigating, commanding, or procuring any individual to trespass or enter any land without the required permission of the owner or lawful occupant.”
The EFF and Malema repeatedly tried to set the order aside. These efforts failed, including applications to the Supreme Court of Appeal and Constitutional Court (dismissed in 2023). AfriForum notes that costs orders were awarded in its favour in the related litigation, and the EFF later acknowledged in a media statement that the matter had reached finality.
Alleged Breaches Cited
AfriForum points to at least two specific instances:
- 23 July 2026: During a public EFF lecture at the University of Limpopo in Polokwane, Malema referred to young people one day entering and occupying a farm in Stellenbosch. Reports quote him discussing residents of Kayamnandi (a township near Stellenbosch), saying things along the lines of urging them to “go and take that land” / “occupy that land,” and framing it as revolutionary education of the youth so that one day they would act and be remembered similarly to historical figures.
- 6 April 2025: A post on the EFF’s official X account called on people to “go get the land” and “occupy everywhere where they need to farm and build houses.”
AfriForum argues these statements wilfully disregard the existing interdict.
Relief Sought
In the application, AfriForum asks the court to:
- Find Malema and the EFF guilty of contempt of court.
- Fine the EFF R500,000.
- Sentence Malema to 18 months’ imprisonment (or impose another appropriate sanction).
AfriForum’s Position
AfriForum CEO Kallie Kriel has emphasised that a court order is not optional or a mere recommendation. He stated that the EFF and Malema know the terms of the order, spent years unsuccessfully trying to overturn it, and are now “wilfully ignoring” it. Kriel framed the case as being about the rule of law and equality before the law: ordinary citizens are bound by court orders, and political leaders and parties should not place themselves above them. AfriForum has indicated it will pursue accountability through the courts.
Context and Broader Context
This action fits into a long-running pattern of legal confrontations between AfriForum and the EFF/Malema, particularly around land rhetoric, property rights, and alleged incitement. Separate recent or ongoing matters involving Malema and AfriForum (or related private prosecutions) include issues around firearm convictions and other speech-related complaints, though those are distinct from this specific contempt application.
As of the latest available reports (17 August 2026), no detailed official public response from the EFF or Malema specifically addressing this new contempt application had been widely reported in major coverage, though journalists had sought comment. The EFF has historically characterised AfriForum’s legal actions as politically motivated or racially driven attempts to use the courts against land reform advocacy, while AfriForum presents them as straightforward enforcement of court orders and the rule of law.
The matter is now before the Pretoria High Court. Outcomes in contempt proceedings can include fines, imprisonment, or other sanctions if wilful non-compliance is established, though courts also consider context, intent, and any defences raised. Further developments, including any answering papers from the respondents or court dates, will clarify the next steps.
