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'Not above the law': Political parties respond as Malema gets 5 years

Hope Ntanzi and Simon Majadibodu|Updated

EFF leader Julius Malema Political parties have welcomed the sentencing of EFF leader Julius Malema, saying it affirms the rule of law and reinforces accountability.

Image: Abongile Ginya / Isolezwe lesiXhosa

Political parties have welcomed the sentencing of EFF leader Julius Malema, saying it reaffirms the rule of law and that no one is above it.

This comes after Malema was sentenced to five years' imprisonment for firing a semi-automatic rifle into the air at an EFF rally in Mdantsane in 2018.

Magistrate Twanet Olivier handed down the sentence at the KuGompo City Magistrate’s Court in the Eastern Cape on Thursday.

The Freedom Front Plus welcomed the sentence, saying it confirmed that “the rule of law still applies and that no one is above the law”.

The party noted that, in terms of the Constitution, a person sentenced to more than 12 months’ imprisonment without the option of a fine may not serve as a Member of Parliament, but added that Malema could remain in office pending the outcome of an appeal.

It also raised concerns about his position in the Judicial Service Commission, saying his conduct “calls his suitability for this position into question” and criticised the behaviour of EFF supporters outside court as “unacceptable”.

The Democratic Alliance (DA) also supported the ruling, with leader Geordin Hill-Lewis saying it sends a strong message about accountability.

“Gun violence is out of control in South Africa, so any crime involving illegal gunfire is extremely serious. It's important to punish illegal firearm crimes harshly.

''Only when people understand that there are consequences for crime, will we get gun violence under control in South Africa,” he said.

“The sentence also sends a clear message that in South Africa nobody is above the law. Today is a good day for the rule of law in South Africa,'' he added. 

Patriotic Alliance (PA) leader Gayton McKenzie declined to comment directly on the ruling, saying he would instead pray for Malema and his family.

“I will not be giving any comment regarding the sentencing of Mr Malema except to pray for him and his family. Prison is tougher on families.

''I don’t celebrate when tragedy befall people even my enemies,” he said.

Meanwhile, the Economic Freedom Fighters signalled its intention to challenge the ruling.

Speaking outside court, deputy president Godrich Gardee said the party was preparing urgent legal steps to prevent Malema from going to prison.

“Our spirits are very high. That’s why we are here, there is another team at the Constitutional Court who will not sleep for a minute in the cell. We will get a judge on duty to hear the matter for a bail appeal,” he said.

Gardee said the party rejected aspects of the judgment and would pursue further legal avenues.

“The matter is still subject to appeal, we will challenge them accordingly,” he said.

He added that the party had contingency plans in place across the country and was ready to pursue multiple legal strategies to secure Malema’s release pending appeal.

Build One South Africa (BOSA) leader Mmusi Maimane said that “we must never rush to celebrate another man’s downfall.”

Speaking to IOL News, ActionSA national spokesperson Matthew George said the party notes the court’s ruling.

“As a party that believes in the rule of law, we welcome that the court has duly assessed the evidence in this matter and has issued its ruling in that regard.

''While we note the ongoing appeal regarding sentencing, we believe this case underscores the importance of a legal system in which everyone is accountable before the law, without exception,” he said.

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