The organisation wants to send a clear message to the political party and its leader that no one is above the law.
November is going to be an expensive month for the EFF and its leader, Julius Malema, as between the two they have to pay AfriForum more than R337 000 over land grab court action – and prepare for a contempt of court case related to the same issue.
To have to “#PayBackTheMoney” to AfriForum is undoubtedly an embarrassing situation for this political party often at loggerheads with Afriforum, and that it came about as a result of its own failure to contest legal action, even more so.
The EFF’s Floyd Shivambu was recently on the sharp end of a #PayBackTheMoney chant in Parliament over his brother’s involvement with the gutted VBS bank.
“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,” said AfriForum CEO Kallie Kriel.
“On March 7 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 September 12 2017, but the court had to postpone the case after the heads of argument of Malema and the EFF were filed late. The judge, therefore, issued a punitive cost order against Malema and the EFF.”
A further cost order was issued when legal representatives from the EFF and Malema failed to pitch in March – the grand total now due: R337 758.68.
No one at the EFF responded to requests for comment, but TimesLive reported the EFF had stated it had no record of being served with a Notice of Intention to Tax a Bill of Costs.
According to billsofcosts.co.za, “the party presenting the bill of costs will serve the bill together with the Notice of Intention to Tax Bill of Costs on the other side, who then has 10 days to inspect the file and 20 days in which to file their notice to oppose, together with their clearly marked bill of costs with reasons clearly stated thereon”.
Kriel told The Citizen this had been done, which is how a warrant of execution was able to be issued.
“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 to send a clear message to Malema and the EFF that no one is above the law,” said Kriel.
This was expected to happen in the next 10 days.
The sheriff’s visit – if the account is not settled – could coincide with AfriForum dragging Malema back to court to answer a charge of contempt of court.