By Marcus Moloko
Economic Freedom Fighters (EFF) leader Julius Malema says he remains confident as he prepares to return to the East London Magistrate’s Court on Wednesday for pre-sentencing in his long-running firearm case.
Speaking to journalists, Malema said: “I feel confident. I think justice will prevail, and if anything goes wrong, there is still a recourse. It’s still going to be a long way to go. It’s not something that should give people palpitations. It’s due process.”
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Malema confirmed that regardless of the outcome, he intends to appeal.
“The magistrate court will be going to the high court because I’ve already indicated that I’m going to appeal. So it doesn’t matter whether the sentence is custodial or not custodial. All of it is going to be appealed,” he said.
The case stems from an incident on 28 July 2018 during the EFF’s fifth-anniversary celebrations at the Sisa Dukashe Stadium in Mdantsane, where Malema was filmed firing what appeared to be a semi-automatic rifle into the air before thousands of supporters.
He was convicted of unlawful possession of a firearm, unlawful possession of ammunition, and discharging a firearm in a public place. His defence that the weapon was a “toy gun” was rejected by Magistrate Twanet Olivier, who ruled that ballistic evidence proved it was a live firearm.
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The State is reportedly seeking a sentence of up to 15 years.
Under South Africa’s Constitution, any Member of Parliament sentenced to more than 12 months without the option of a fine is disqualified from serving for five years – though this only applies once the appeal process is exhausted.
Malema has described the case as a “politically motivated witch hunt,” while the complainant group AfriForum says the conviction shows that “those who think they are untouchable will eventually be held accountable.”
The sentencing proceedings are expected to continue this week in East London.
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