Pre-sentencing in Malema’s 2018 firearm conviction set for Friday


All eyes will be on the East London Magistrate’s Court in the Eastern Cape on Friday, when Economic Freedom Fighters (EFF) leader, Julius Malema will appear for his pre-sentencing hearing.

This is on his conviction of discharging a firearm during the party’s 5th birthday celebrations at Sisa Dukashe Stadium in Mdantsane back in 2018.

His conviction includes the unlawful possession of a firearm and ammunition, discharging a firearm in a built-up area and reckless endangerment. Malema intends to appeal any sentence imposed on him, up to the highest court in the land.

Malema has maintained that this case is a political witch-hunt against him. His co-accused, Adriaan Snyman, was acquitted of the charges due to a lack of evidence. He believes in his innocence and maintains that the firearm in question was a toy.

“The case has crumbled before the magistrate and the prosecution messed up the case and they must take full responsibility. It’s always the case when you pursue politics instead of pursuing the law, whether you like the person or not, you must look at what the law say not what are my political feelings or views are about this particular individual, that’s what makes it a political trial,” says Snyman.

Lobby group AfriForum’s Jacques Broodryk believes Malema deserves a jail term due to the seriousness of the matter.

“It’s very important to remember that these charges Mr Malema was found guilty of are actually very serious if we look at the charge of unlawful firearm and ammunition, there have been cases where people have been sentenced up to 15 years for that. So it’s very serious charges of course, there may be mitigating circumstances that the judge takes into consideration, but I would be very surprised, very skeptical of the process if at least he didn’t see a few years’ prison for Mr Malema,” says Broodryk.

Legal Analyst Alungile Mtati believes there is a probability that a jail term may be imposed against Malema.

“What we can anticipate when it gives its sentence is that the court, in all likelihood, will give a direct imprisonment sentence. However that sentence there is a high possibility that it may be probability it may be suspended for a certain period of time. What a suspension means is that despite the court having found you guilty and sentencing you that particular sentence will be held in abeyance for a period of time for instance, five years,” says Mtati.

The court vicinity inside and out, is expected to be a hive of activity with Malema supporters expected to attend the court proceedings. -Reporting by Hlumisa Qabaka

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Graphic: Mpumelelo Nkosi

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