NPA will argue for a prison sentence to be imposed against Malema

The NPA says it will argue for a prison sentence to be imposed against EFF Leader, Julius Malema. The East London Regional Court in the Eastern Cape heard pre-sentencing arguments against Malema.

The case has been postponed to the 15th and 16th of April for aggravation and mitigation of sentence.

Malema was convicted in October last year for unlawful possession of a firearm and ammunition, discharging a firearm in a built-up area and reckless endangerment.

The incident occurred during EFF’s 5th anniversary celebrations at Sisa Dukashe Stadium in 2018.

Malema pre-sentencing proceedings postponed to April: Political Analyst Levy Ndou weighs in
https://www.youtube.com/watch?v=7CpEfuu8MuY
The defense team called only one witness, a social worker, Jessie Thompson who suggested in her report that Malema is not a candidate for direct imprisonment. She recommended a fine or suspended sentence to be imposed citing nonviolent behavior in Malema discharging a firearm on the night.

She further told the court that because no one was harmed as a result of the shooting, that symbolizes the nonviolent intent of the shooting, and that a shot was fired in a celebratory moment.

Thompson argued Malema has a good public reputation and is charitable to the less fortunate.

“This was a celebration shooting. The intent was not to harm, even the position was for a very short time. We are removing someone from society that is positive to society. He is a family person. Removing people from society, if l look at that, look at the price society is paying,” said Thompson.

During cross-examination, the state argued that the report held no basis to the charges faced by Malema, saying Thompson did not have adequate time to conduct a thorough assessment of Malema as she only spent a total of five hours with him.

NPA Spokesperson, Luxolo Tyali, says the state will oppose a fine or suspended sentence against Malema.

“The postponement follow  a presentation of pre-sentence report by a social worker that was appointed by the defense. Contrary to what the social worker recommended. The state will pray for custodial sentence, when arguing for appropriate sentence when the matter returns,” says Tyali.

Malema pre-sentencing proceedings postponed to April: Legal Analyst Mpumelelo Zikalala weighs in
https://www.youtube.com/watch?v=WpIiZLuEDyc
Meanwhile, Jacques Broodrk of lobby group, AfriForum, says the social worker was a tool to sway the court to impose less sentence to Malema.

“That’s standard procedure. It was expected, to paint Malema in a good picture in these procedures. This was an effort to get a reduced sentence. I’m glad the magistrate saw beyond this,” says Brookdrk.

Malema, however, says he remains even more committed to fight this case.

“The white people who brought us to this court, it is because they don’t like being challenged. When you challenge them, they like to use you as an example. I have been an example for the rest of my life and I will be an example even in my grave. I will never retreat, I will never surrender to white supremacy. No prison can make me retreat from my ideas. No death will threaten me to retreat from my ideas. Nobody will ever intimidate me and change me for who I am,” says Malema.

The case has been postponed to the 15th and 16th of April for aggravation and mitigation of sentence.

Political Analyst Asanda Ngoasheng on Malema’s court appearance:
https://www.youtube.com/watch?v=uF_FZbAi7PE