‘Strong chance’ of success: Malema lawyers confident on appeal, MP status intact

Malema

Cape Town – Lawyers for EFF leader Julius Malema say they are confident his five-year prison sentence will be overturned on appeal, arguing a higher court may reach a different conclusion in what they describe as a case with no clear precedent.

Malema was granted leave to appeal his sentence, but not his conviction for unlawful possession of a firearm.

“In respect of sentence, the magistrate has already ruled that there’s a reasonable prospect that another court can come to a different conclusion and obviously we are pretty certain and confident that it will,” SABC News quoted Malema’s lawyer Ian Levitt as saying.

“You would have seen in court that there is no direct precedent of this and we think that the magistrate took with respect a mature view, and perhaps a higher court can come to a different conclusion and maybe can define what should be done in cases of this nature which is very different to the cases of murder and robbery on convictions with firearms and ammunition.”

Meanwhile, according to Sunday World, Parliament has clarified that the sentence does not immediately affect his status as an MP.

Spokesperson Moloto Mothapo said there are no constitutional consequences at this stage, as disqualification from the National Assembly only applies once all appeal processes are finalised.

“As the matter is now subject to the appeal process, no immediate constitutional implications arise for Mr Malema’s membership status,” Mothapo said, as per the report.

Section 47 of the Constitution states that an individual can lose their seat in the National Assembly if they are sentenced to more than 12 months in prison without the option of a fine. However, this only takes effect once the conviction is final.

In practical terms, if the case is still under appeal, the conviction is not yet considered final, meaning Parliament cannot enforce any disqualification until all legal processes have been concluded.

The EFF has criticised the ruling as politically motivated, alleging procedural irregularities and a targeted effort to silence its leader.
Malema also lashed out at the magistrate, accusing her of bias and racism after the sentencing.

The conviction stems from a widely circulated July 2018 video showing Julius Malema firing what appeared to be a rifle during the EFF’s fifth anniversary event at Sisa Dukashe Stadium in Mdantsane.

He was found guilty on five charges in October last year, following a lengthy legal process that began with his first court appearance in August 2021 and only moved to trial in March 2022 after delays.

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