The National Prosecuting Authority (NPA) says EFF leader Julius Malema’s call for people to occupy land constitutes “incitement to break the law” and could lead to “anarchy” and violence. Arguing for the NPA‚ advocate Hilton Epstein stressed in the North Gauteng high court on Wednesday that the land issue is deeply emotive and “highly charged”‚ and that Malema is constitutionally entitled to discuss and debate it. What he is not entitled to do‚ he said‚ is incite people to break the law in circumstances where such calls could lead to imminent violence — an accusation that Malema’s lawyers have denied. Epstein further argued that there is nothing in the constitution that states property rights are secondary to Malema’s right to freedom of expression. Should Malema’s call “be taken up by even a fraction of his followers‚ it would trigger a mass violation of property rights”. Malema faces separate charges under the 1956 Riotous Assemblies Act and Trespass Act for inciting people to occ...

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