The EFF has repeatedly used the right to freedom of expression — as well as the need for “robust political debate” — to justify its caustic attacks on political adversaries and the calls of its leader, Julius Malema, for his supporters to illegally occupy land. 

But in a ruling on Malema and the EFF’s challenge to the constitutionality of the Riotous Assemblies Act, under which the commander-in-chief has been charged with inciting trespassing, the Pretoria high court has strongly rejected that argument. 

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