The commission has taken issue with several statements that Malema made during the party’s elective conference in the Western Cape in October.

"You must never be scared to kill. A revolution demands that at some point there must be killing because the killing is part of a revolutionary act," is one of the statements that the commission has taken issue with.

The commission's chairperson Bongani Majola addressed the media in Johannesburg on Friday.

He said they are disappointed that the party and its leader have vowed not to withdraw a statement that include a call for EFF supporters to respond violently to acts that they perceive to be racist.

“Also, the danger exists is that people might then start attacking white people whom they perceive to be racists,’’ said Majola.

At the same time, Majola says Malema's claim that he's been denied the opportunity to defend himself is premature, adding that he'll likely get his opportunity when the matter is heard in the Equality Court.

Source: EWN