WATCH | Malema returns to court amid heavy EFF support

Malema

East London – EFF leader Julius Malema has returned to the East London Magistrate’s Court for pre-sentencing proceedings after being found guilty of multiple firearm-related offences linked to a 2018 EFF rally in Mdantsane, where he was filmed firing a rifle into the air during the party’s fifth birthday celebrations.

Malema was convicted of unlawfully possessing a firearm and ammunition, as well as discharging a firearm in a public place.

In October, Magistrate Twanet Olivier rejected Malema’s version of events, ruling that the state had proved its case beyond a reasonable doubt.

Malema, who pleaded not guilty, has insisted the case is politically motivated and has indicated he will appeal any sentence imposed.

His former bodyguard and co-accused, Adriaan Snyman, was acquitted due to insufficient evidence.

As part of mitigation, Malema’s legal team has submitted a detailed pre-sentencing report of more than 50 pages and enlisted a social worker to testify on his mental health, family background and broader social circumstances.

State prosecutor Joel Cesar confirmed receipt of the report, saying it required time to review.

“I have received a pre-sentencing report this morning from counsel for accused number one, and l I would need time to go through such because it’s such a hefty document. It’s about 50-something pages long,” EWN quoted State prosecutor Joel Cesar as saying.

Legal expert William Booth said the pre-sentencing phase allows the defence to present evidence aimed at securing a lighter sentence, while the state is expected to argue in aggravation, emphasising the seriousness of firearm offences.

He noted that direct imprisonment — potentially up to 15 years — remains an option, although the court may impose a lesser sentence if substantial and compelling circumstances are shown.

“In cases involving the unlawful possession of an automatic or semi-automatic firearm, the prescribed sentence is 15 years’ imprisonment,” Booth said, as per IOL.

“However, the court may impose a lesser sentence if the accused can show what the law describes as substantial and compelling circumstances.”

Outside the court, East London has seen a strong show of support, with hundreds of EFF supporters gathering and a night vigil held ahead of proceedings.

EFF spokesperson Sinawo Thambo described the case as a political attack.

Political analysts warned that a prison sentence could cost Malema his seat in Parliament and threaten the future stability of the EFF, although an appeal could delay any final outcome.

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Compiled by Betha Madhomu 

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