The court order that AfriForum and AfriBusiness obtained on 7 March 2017 against Julius Malema, Leader of the EFF, was at last personally served on Malema on 30 March 2017.
The interdict was obtained against the EFF and Malema to prevent them from initiating illegal land grabs countrywide on 6 April 2017.
It appeared impossible to serve the interdict on Malema at the EFF offices. Members of the EFF informed the Sheriff on 23 March 2017 during an unsuccessful attempt to serve the interdict that Malema would only be available at the office again after 6 April 2017. The legal team of AfriForum and AfriBusiness however learned in the media that Malema would make his appearance at the Constitutional Court on 30 March 2017 and acted quickly.
According to Tarien Cooks, Safety Coordinator at AfriForum, it is important that the order was served personally.
“The only manner to proof beyond a reasonable doubt that Malema is aware of the order was by personally serving it on him. This makes it possible to prosecute him of contempt of court should he violate the order intentionally in future.”
According to Armand Greyling, Law and Policy Analyst at AfriBusiness, it is ironic that the Sheriff had to serve the order preventing Malema from violating the constitutional rights of landowners at the Constitutional Court.