The East London Magistrate’s Court has sentenced EFF leader Julius Malema to five years’ imprisonment for count one, along with fines for the other counts.
“In respect of count one, you are sentenced to a period of five years’ imprisonment. In respect of count two, you are sentenced to a period of two years’ imprisonment. In respect of count three, you are sentenced to R20 000 or to undergo six months’ imprisonment. In respect of count four, you are sentenced to R20 000 or to undergo six months imprisonment. In respect of count five, you are sentenced to pay a fine of R20 000 or to undergo six months’ imprisonment,” ruled Magistrate Twanet Olivier.
“In terms of section 280, subsection 2 of Act 51 of 1977, the court orders that the sentence imposed in respect of counts two, three, four and five run concurrently with the sentence imposed in respect of count one.”
Malema was also declared unfit to possess a firearm.
His legal representatives expressed the intention to appeal the sentences.
Malema returned to court on Thursday, where Magistrate Twanet Olivier delivered judgment. The EFF leader was convicted on multiple charges, including the unlawful possession of a firearm and ammunition, discharging a firearm in a public place and reckless endangerment.
The conviction stems from a video circulated online, recorded during the EFF’s fifth anniversary celebrations at the Sisa Dukashe Stadium in Mdantsane on 28 July 2018, in which Malema is seen firing what appeared to be a rifle in front of thousands of supporters.
‘Event planned, not accidental’
Handing down judgment, Magistrate Olivier said the crimes could not be condoned because the events that transpired at the celebration were carefully planned, not accidental.
“All decisions were made by the leadership. So there can be no doubt that you are saying the event’s unique feature was committing five offences. That is the bottom line. Clearly, planning of this nature is in contrast with the law. How can a court of law consider that the actions of the accused did not intend or did not entail the intention to commit an offence?” asked Magistrate Olivier.
“It is not the thinking of the court; it is the facts before the court because that is what happened. It wasn’t, as the state correctly stated, an impulsive act and wasn’t, as a result of the case law that we heard, an act of passion. This wasn’t anger; it was the event of the evening. And therein lies the difference.
“This is a decision that a person made to possess a semi-automatic rifle unlawfully, including the decision then to proceed and fire the said rifle in a built-up area, in a crowded stadium. The decision to break the law has been made, with the approval of the accused person and the leadership.
“Since it’s confirmed that this was the future planned for the event, it clearly indicates that the accused knew it was unlawful. He knew it might harm persons or property. He knew all the above, and yet proceeded to possess the rifle and to fire the shot in celebration of the fifth birthday celebrations of the EFF, always knowing when this was being arranged in this special feature that it was in contravention of the law.”
Malema’s political prominence
On Wednesday, Malema’s legal representatives, including Advocate Tembeka Ngcukaitobi and Advocate Laurance Hodes, argued that the state had taken an inconsistent approach in emphasising his political prominence.
Hodes told the court that his status as a public figure must be treated consistently, either as a mitigating factor or an aggravating one.
“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’,” he said.
The defence maintained that no injuries or damage resulted from the incident, urging the court to weigh this aspect in determining an appropriate sentence.
They further contended that prosecutions of this nature are rare in South Africa.
“To send any person to prison for this single event would be shockingly inappropriate,” Hodes remarked.
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Additional reporting by Molefe Seeletsa.
