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Politics of lawfare, 2018 – legal challenges mount in unsettled and insecure times

The second involves AfriForum and Parliament, over land. Given the strategists involved in the ANC nowadays, it is entirely possible that there was a little bit of orchestration with the timing of Pravin Gordhan’s decision to walk into a police station and lodge crimen injuria charges against Malema and the EFF. However, the risk AfriForum might take in the case is that while they may from time to time have legal victories, they will continue to lose on the politics of it. It is entire possible for some in the ANC to point fingers loudly at AfriForum, to turn the election into a poll about identity. This might actually suit AfriForum, because it would create a situation that strengthens their base. Meanwhile, while Gordhan may well be on stronger ground legally, Malema may also believe that he has much to gain from a legal process. To make matters more complicated for the EFF leader, he himself said on Monday that he would be instituting criminal charges against Gordhan. Which may mean the case can return almost at any moment. That is extremely difficult in a country with so many fringe players as in South Africa today. DM Support DAILY MAVERICK & get FREE UBER vouchers every month An increasingly rare commodity, quality independent journalism costs money, though not nearly as much as its absence can cost global community.