The decision to dismiss the EFF’s application to intervene in Julius Malema’s sequestration case was recalled on Monday.

Judge Gregory Wright recalled his order and rather struck the matter off the court roll.

“The lateness of the application… is not explained satisfactorily and the matter is struck off the roll with costs,” he said in giving his new order.

Earlier, lawyer Vuyani Ngalwana argued that if Malema was sequestrated it would have a political impact on the Economic Freedom Fighters in Parliament.

He said the application was lodged late because of internal discussions in the EFF.

“This is a political party… there will be discussions here and there… to make sure a decision was taken properly,” he said in his explanation to the court.

Wright queried why the EFF took so long when the matter had been going on for over two years.

‘Affect the party’

Ngalwana argued that when the matter started in 2013 it was between Malema and Sars. Now that Malema was in Parliament it would affect the party.

If Malema is sequestrated he will not be able to hold a seat in Parliament.

The Julius Sello Malema (JSM) Trust, which was set up to help the firebrand leader pay his tax debt, was also applying to intervene in the matter.

Advocate Dali Mpofu, for the trust, argued that its interests could be threatened.

Donations had been made to the trust and donors had paid donation tax. News24