AfriForum may seek to have Malema and EFF declared bankrupt

According to Kallie Kriel, CEO of AfriForum, the organisation will meet this week with its legal team to decide on a strategy to recover the amount from Malema and the EFF.  Kriel said AfriForum remains resolute in its intention to recover the amount owed amount from Malema and the EFF – even it meant auctioning off the EFF’s assets and declaring Malema and the EFF bankrupt.

Kriel added that AfriForum would use the money recovered from Malema and the EFF to fight expropriation without compensation and landgrabs in court.

The money that Malema and the EFF owe to AfriForum stemmed from a case in which the Northern Gauteng High Court granted an interdict with costs in AfriForum’s favour on March 7 2017 prohibiting Malema and the EFF from encouraging people to occupy land illegally.

Malema and the EFF then brought an application to have the interdict set  aside, which would have been heard on September 12 2017. However, the court had to postpone the case because of the late submission by Malema and the EFF of their heads of argument. The judge subsequently issued a punitive cost order against Malema and the EFF. Their legal representatives failed to attend the court hearing in February this year, and the case was settled in AfriForum’s favour when the annulment application was rejected with cost.

After Malema and the EFF disregarded the court order of  March 7 2017 by allegedly continuing to encourage people to occupy land illegally, AfriForum brought a case of contempt of court against them, which was to have commenced on November 14 this year.  However, Malema and the EFF’s legal team did not timeously submit their answering affidavit for opposing the case of contempt of court, which means that the case will have to be heard later, according to AfriForum.

“In this way, Malema and the EFF incurred yet another cost order. Malema and the EFF’s attempts to obtain an urgent court order on November 14 2018 to prevent AfriForum from removing the EFF’s property and selling it at auction also failed. Judge Louw ruled that there was no urgency to the matter and therefore issued another cost order against Malema and the EFF.”

According to Kriel, AfriForum’s legal team will now endeavour to bring the pending case of contempt of court to court as soon as possible.

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