The trial of Economic Freedom Fighters (EFF) leader Julius Malema is expected to begin in the regional court in Newcastle on Tuesday.

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 says.

Malema is expected to appear before Magistrate Theunis Christiaan Lotter Colditz.

The EFF, through its official Twitter account, confirmed that Malema would be appearing in court, saying the matter was set down for Tuesday and Wednesday. Malema, who has already been charged twice (in Newcastle and in Bloemfontein), under the Riotous Assemblies Act, is 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.