On Saturday, the Joburg High Court interdicted the EFF from closing schools, trade and public roads, however, the court refused to declare the protest as unlawful.
EFF leader Julius Malema, and DA leader John Steenhuisen during the SONA debate in Parliament in February 2023. Picture: Twitter/@ParliamentofRSA and @jsteenhuisen
JOHANNESBURG – As both the Democratic Alliance (DA) and Economic Freedom Fighters (EFF) claim victory over Saturday’s judgment on the red berets’ national shutdown, legal experts said the High Court chose the middle ground when handing down its order.
The Joburg High Court interdicted the EFF from closing schools, trade, and public roads, however, the court refused to declare the protest as unlawful.
READ: Jhb High Court interdicts EFF from shutting down schools, trade and roads Monday
Legal analyst, Mpumelelo Zikalala, said Judge Leicester Adams opted to caution the EFF.
“If you are planning to do it, planning to break the law at a later stage, just know that you’re not allowed to go to schools, block public roads and all that… and if you look at the order, where is the EFF going to march or be able to proceed within those places or be able to demonstrate?”
Meanwhile, another analyst, Dr Llewelyn Curlewis said the court took a balanced approach to the matter.
He said none of the two parties can claim a victory from this outcome.
“Neither of the 2 parties are 100% correct. Somewhere in the middle…that is usually how the law also sees it. Law must also have a balanced approach to allow people to protest, because they’ve got the right to do that, that’s a Constitutional principle, but simultaneously other people have the right not to be afraid…so that their safety is guaranteed.”