AfriForum obtains warrant to seize assets of Malema and EFF – sheriff now involved

On 1 November 2018, civil rights organization AfriForum obtained a warrant from the North Gauteng High Court in Pretoria to seize movable assets of  Julius Malema and the EFF to pay an amount of R337 758.68 owed to AfriForum by Malema in his personal capacity, and the EFF as party. The issued warrant will now be sent to the sheriff concerned for the latter to identify and record movable assets of Malema and the EFF, in order for it to be sold by public auction.

Malema and the EFF owe AfriForum this amount, due to the North Gauteng High Court issuing two cost orders against Malema and the EFF in favour of AfriForum since March 2017. Malema and the EFF had disregarded the Court’s orders to pay the legal fees of AfriForum, resulting in AfriForum now obtaining this warrant to seize their assets.

The cost orders stem from a lawsuit brought by AfriForum against Malema and the EFF to obtain an interdict to prevent them from inciting people to grab or enter land illegally. On 7 March 2017, the North Gauteng High Court ruled in AfriForum’s favour and granted the interdict, upon which Malema and the EFF applied for the interdict to be set aside. This application was scheduled to be heard on 12 September 2017, but the court had to postpone the case after the heads of argument of Malema and the EFF was filed late. The judge, therefore, issued a punitive cost order against Malema and the EFF. During the following court appearance in March 2018, the legal representatives of Malema and the EFF did not turn up and the Court ruled in favour of AfriForum, issuing a further cost order against Malema and the EFF.

Ian Cameron, AfriForum’s Head of Community Safety, says that AfriForum is determined to collect the amount due from Malema and the EFF and to use the money in the continuing fight against illegal land grabs and incitement to do so. “Julius Malema and his party, that encourage violence and anarchy, can be assured that AfriForum will use their money and assets against them in this manner in order to fight for justice,” Cameron said.

According to Kallie Kriel, CEO of AfriForum, they will soon decide which moveable assets of Malema and the EFF will be seized. “Irrespective of whether a Breitling watch, luxury vehicle, or computers and furniture in the EFF’s offices have to be seized in order to recover the money owed to AfriForum, we will ensure that we will obtain it in order to send a clear message to Malema and the EFF that no one is above the law,” Kriel adds.

Kriel emphasises that arising from the interdict, AfriForum also filed a case of contempt of court against Malema. Current indications are that the case will be heard by the North Gauteng High Court on 14 November 2018. According to Kriel, he is confident that AfriForum has a strong case that will also serve to call Malema to account.