Malema Sentencing Set For Thursday As Jail Time Looms

Julius Malema could face a prison sentence ranging from two to 15 years following his conviction on multiple charges, including unlawful possession of a firearm and ammunition, discharging a firearm in a public space, and reckless endangerment.

The charges stem from an incident at the EFF’s fifth anniversary celebrations held at Sisa Dukashe Stadium on 28 July 2018, where Malema was captured on video firing what appeared to be a rifle in front of a large crowd.

Malema Argues Against Jail Time

Malema’s legal team, led by Tembeka Ngcukaitobi and Laurance Hodes, argued that the State had taken an inconsistent stance regarding his political profile.

Hodes told the court: “So you ask on the one hand to make an example of this accused because he is the current leader of a political party, then they tell you ‘no, there’s an imperative – you must make us all equal before the law’.”

The defence maintained that no injuries or damage resulted from the incident and urged the court to take this into account when determining an appropriate sentence.

They further argued that similar prosecutions are uncommon in South Africa.

“To send any person to prison for this single event would be shockingly inappropriate,” Hodes remarked.

“They seem to imply that to impose a fine would be unconstitutional. That’s not the case, your worship. You can impose a fine.

“It’s recognised even in the post-constitutional era that a fine is a punishment, as is a suspended sentence, as are other forms of punishment,” he said.

State Calls for Tough Sentence Over Public Safety Risk

State prosecutor Joel Cesar argued that Malema’s actions posed a serious threat to public safety.

“The accused did not just fire one shot and [leave] it at that, which we can consider to be an accident. He was malicious to say the least.

“His actions constituted extreme danger to the 20 000 plus people that were present, not even mentioning the community right around Mdantsane, which we know is one of the biggest locations in South Africa.

“It’s condensed, it’s densely populated, and especially on a weekend, it is busy in Mdantsane,” he said.

Cesar said a custodial sentence would send a strong message about the dangers of reckless firearm use in public spaces.

YOU MAY ALSO LIKE: Court Orders Musa Khawula To Apologise To Julius Malema And Wife Over ‘Divorce’ Claims

He also criticised Malema’s claim during the trial that the firearm was a toy gun.

“He blamed everybody for his actions. He dragged us to be participants in this show. It’s time for this court to tell him that this show is over.

“The court must send out a strong message to other would-be offenders who fire shots among the crowds and endangering the lives of others, that if you do commit the crime, you will do the time,” Cesar added.

Presiding magistrate Twanet Olivier is expected to deliver sentencing on Thursday, 16 April.

The outcome is likely to draw significant public and political attention given the high-profile nature of the case.