The trial of Economic Freedom Fighters (EFF) leader Julius Malema is expected to continue in the Newcastle Magistrate's court on Friday.

Malema is in hot water for calling on EFF supporters to invade unoccupied land in 2016.

According to the charge sheet, Malema has been accused of incitement to commit a crime.

"On November 7, 2016, in Newcastle, Malema unlawfully and intentionally incited, instigated, commanded or procured his Economic Freedom Fighters and or others to commit a crime, to wit, trespass, in contravention of Section 1 (1) of the Trespass Act 6 of 1959 by illegally occupying any vacant land wherever they found some and thereby committing the crime of incitement," the charge sheet reads.

After his previous court appearance in July, Malema said he was merely repeating what the Freedom Charter said.

"Our call still stands: People must occupy land. That is what the Freedom Charter says and if any court finds me guilty then it will have to find the Freedom Charter an illegal document," he said.

Malema, who has already been charged twice (in Newcastle and in Bloemfontein), under the Riotous Assemblies Act, is now being charged under common law.

He is currently challenging the constitutionality of the Riotous Assemblies Act.

Malema's pending challenge to the constitutionality of the act is awaiting a date from the Constitutional Court.