The East London Magistrates’ Court has sentenced EFF leader Julius Sello Malema to five years’ direct imprisonment after finding him guilty on multiple firearm-related charges linked to a rally held in Mdantsane on 28 July 2018.
Malema was convicted on charges including unlawful possession of a firearm and ammunition, discharging a firearm in a built-up area, failure to take reasonable precautions to protect persons or property, and reckless endangerment.
Although he received multiple sentences across the different counts, including five years’ imprisonment, two years’ imprisonment, and three separate R20 000 fines or six months’ imprisonment, the court ordered that the sentences run concurrently. This resulted in an effective five-year custodial sentence.
Following the sentencing, political reaction has begun emerging. Patriotic Alliance (PA) leader Gayton McKenzie said he would not comment on the ruling, adding that he would rather pray for Malema and his family.
In a post shared on social media, he said, “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.”
A day before sentencing, Malema’s legal team, led by advocate Tembeka Ngcukaitobi, argued that the state had failed to provide sufficient grounds to justify a custodial sentence.
Inside court, Ngcukaitobi told the court that the state's case was based on what he described as a misreading of key evidence, particularly around allegations of premeditation.
“Let’s look closely at why the state says Mr Malema should go to jail… it’s clarified in the supplementary heads because there they identify four reasons, and I want to address each and every one of them now,” he said.
He argued that the prosecution had taken statements out of context, saying references were interpreted as planning related to a celebratory event rather than any criminal intent.
“Everything was perfect and calculated and designed to be the way it was done… he is not talking about planning the commission of an offence. He is talking about planning the celebration, the celebratory event,” Ngcukaitobi submitted.
His defence team is appealing the conviction and sentence.
Saturday Star