ActionSA leader Herman Mashaba has confirmed to News24 that his party was considering taking legal action against Economic Freedom Fighters (EFF) leader Julius Malema over his comments encouraging illegal immigration. 

"ActionSA is not here to make friends with anyone other than the people of South Africa. So despite our professional relationship with the EFF, if what their members do negatively affect the citizens of our country, we will address it without hesitation," said Mashaba on Thursday.

The decision to consider legal recourse by ActionSA comes after the National Assembly's acting registrar of members' interests, communicated to it on Thursday that Malema had been acquitted of his remarks encouraging illegal immigration. 

In its response, the National Assembly said Malema's utterances were "open to a different interpretation and for this reason, the committee found that the member did not breach the Code of Ethical Conduct and Disclosure of Members' Interests".

ActionSA laid a complaint last year with the Speaker of the National Assembly after Malema made remarks in a televised press conference held on 14 January 2021. In the press conference, he encouraged citizens from neighbouring countries to "find creative ways" of entering South Africa. 

Mashaba said ActionSA's senate had "all expressed shock" over the verdict. 

As such, Mashaba said he would be raising the matter during ActionSA's senate meeting on Friday and it was likely that the party would approach the high court and challenge the acquittal. 

"Members of Parliament (MPs) swear when taking their oath of office to serve the country, to uphold our laws, and to protect our Constitution. They are not at liberty to take the public trust placed in them and use it to promote anarchy and lawlessness. We gave the National Assembly the video evidence and are shocked at how they came to this outcome," said Mashaba.

He reiterated that ActionSA had a working relationship with the EFF, but that did not prohibit his party from confronting concerns they had with the red berets. 

Mashaba insisted that there was no friendship between ActionSA and the EFF.

"Friendship for me, is something that people develop when you do the right things. ActionSA is not here to make friends with anyone other than the people of South Africa, we represent the people of South Africa, so if there is any political party that we believe we differ with, we will openly express this," he said.

He added that he did not believe that his stance on Malema's sentiments would affect the working relationship in municipalities where the EFF's support had been pivotal. 

"We have absolutely no problem. There are no cracks nor weakness; we have never had a formal relationship with the EFF, but have managed to work well together and believe this will be the case going forward. Where we as ActionSA also make mistakes, we expect those with a working relationship with us, either the DA or the EFF, to call us out and hold us accountable," said Mashaba.