Julius Malema faces possible jail as pre-sentencing hearing looms

Julius Malema, leader of the Economic Freedom Fighters (EFF), is back in the East London Magistrate’s Court this Friday for pre-sentencing proceedings in his long-standing firearm case. The courtroom is expected to weigh heavily on a decision that could have serious ramifications for Malema’s political career and the future of his party.

The case that won’t go away

The case dates back to 2018 when footage surfaced showing Malema firing a rifle during the EFF’s fifth birthday celebrations at Sisa Dukashe Stadium in Mdantsane. He was later convicted on multiple charges, including unlawfully possessing a firearm and ammunition, and discharging a firearm in public.

Magistrate Twanet Olivier ruled in October that the evidence presented by the state proved the case beyond a reasonable doubt, dismissing Malema’s version of events. Malema has consistently maintained his innocence, calling the eight-year-old case politically motivated, and has signalled his intention to appeal any sentence imposed.

His co-accused and former bodyguard, Adriaan Snyman, was acquitted, as the court found there was insufficient evidence linking him to the firearm.

EFF rallies behind their leader

East London has become a focal point for Malema supporters from across South Africa. A night vigil at the Orient Theatre on Thursday set the tone for the pre-sentencing proceedings, with EFF national spokesperson Sinawo Thambo denouncing the case as a politically motivated attack.

“We are not expecting anything from this racist [magistrate],” Thambo said, adding that the case was designed to “make [US President Donald] Trump happy by putting Malema behind bars.”

The visible support highlights Malema’s ability to mobilise the grassroots, even as legal proceedings threaten to sideline him from Parliament.

What pre-sentencing means

Top defence lawyer William Booth explained that pre-sentencing hearings are where the court considers both mitigating and aggravating factors. The defence may submit reports from social workers, character references, or other evidence demonstrating Malema’s personal circumstances, community contributions, and political role.

The state, meanwhile, will argue that unlawful firearm possession is a serious offence, particularly in a country grappling with widespread illegal weapons and related violence. The magistrate will then balance these factors, considering the accused’s background, the severity of the offence, and the public interest.

Prison remains on the table

Booth stressed that direct imprisonment is a realistic possibility, with penalties for unlawful possession of automatic or semi-automatic firearms reaching up to 15 years. Courts may impose a lesser sentence if substantial and compelling circumstances are shown, but firearm offences are generally treated with severity due to the risks they pose.

Political analysts warn that a jail sentence could have profound implications. Prof André Duvenhage of North West University noted that a conviction would see Malema lose his parliamentary seat, effectively halting his direct involvement in legislative processes.

“His political career would be at stake,” Duvenhage said, explaining that Malema is expected to continue rallying supporters to reinforce his innocence and maintain public backing, even if it is unlikely to influence the court’s decision.

Similarly, analyst Zweli Ndevu pointed out that a prison term could destabilize the EFF’s leadership, creating a vacuum that may spark internal conflict. However, he added that Malema’s planned appeal could prolong the legal battle, delaying any definitive impact on the party.

As Malema returns to court, the stakes are clear. Beyond his personal fate, the outcome could reshape the EFF’s future and reverberate through South Africa’s political landscape. For now, the nation watches as courtroom proceedings mix law, politics, and public sentiment in a drama that has been unfolding for over eight years.

{Source: IOL}

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