EFF leader Julius Malema is expected to appear in the Newcastle Magistrate’s Court in KwaZulu-Natal on Monday.

Malema faces two charges under the Riotous Assemblies Act of 1956.

In a statement, EFF national spokesperson Mbuyiseni Ndlozi said, “This law, which is essentially an apartheid law that was not transformed by the government of the ANC, was historically used in the 1960s to put many liberation fighters behind bars, including the accused of the Rivonia Trail.

“Twenty two years after democracy, the ANC government says the CIC Julius Malema has contravened this Act by saying to our people, on the occasion of the 61st Anniversary of the Freedom Charter, they have the right to occupy land wherever they choose.”

He’s accused of knowingly breaking the law by urging his supporters to invade land.

In 2014, Malema told the EFF’s elective conference in Bloemfontein that they should go and occupy any vacant land.

Earlier this year, he also told supporters in Newcastle that white people can’t claim ownership of land because it belongs to the country’s black majority.

Malema labelled the charges a desperate attempt by government to silence its critics.