By Charmaine Ndlela and Thapelo Molefe
A prison term for EFF Julius Malema over his firearm conviction would be “shockingly inappropriate”, his defence told the KuGompo Magistrate’s Court on Wednesday, as the State argued for a direct custodial sentence.
Final sentencing arguments are being heard after Malema was convicted on five firearm-related charges related to the EFF’s fifth anniversary celebrations in Mdantsane in 2018, where he was filmed firing a rifle into the air before a crowd.
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Malema was found guilty last year of unlawful possession of a firearm, unlawful possession of ammunition, discharging a firearm in a built-up area, failure to take reasonable precautions to protect people or property, and reckless endangerment.
Arguing against a custodial sentence, defence advocate Laurance Hodes, SC, said the incident was brief, caused no injuries and formed part of a single continuous event.
“Sending a person to prison merely because they resist a fine or discharge is contrary to the law,” Hodes said. “There is no obligation for imprisonment in offences of this nature.”
“The lawful and appropriate sentencing approach cannot include imprisonment. To do so would be shockingly inappropriate,” he said.
The State, led by advocate Joel Cesar, argued for a direct prison term of at least 15 years, saying Malema’s actions had placed thousands of people at risk.
“This was not a single accidental discharge,” Cesar said. “These actions constituted extreme danger to more than 20,000 people present. It was by sheer luck that nobody was injured.”
He added that a prison sentence would send a strong message against the growing trend of celebratory gunfire.
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“In a civilised society, such conduct cannot be tolerated. A custodial sentence will send a clear deterrent message,” Cesar said. “It was by the grace of God that nobody got hurt.”
The court has previously rejected Malema’s claim that the rifle was a harmless prop, finding that it was a real firearm and that firing it in a public space was unlawful and dangerous.
Hundreds of EFF supporters had gathered outside the court, dressed in the party’s signature red regalia. Some had fallen asleep on the pavements after attending a night vigil.
Dozens of supporters stood behind police barricades, singing struggle songs and chanting slogans, with placards reading “Hands Off Malema”.
“We are here to show that Malema is not alone,” one supporter told Inside Politics.
“This is not just a court case, this is politics. They want to silence him, but we are not afraid.”
The crowd, largely made up of members from Buffalo City Metro, was reinforced by supporters travelling from other parts of the country.
While the gathering remained mostly peaceful, some supporters warned of possible unrest depending on the outcome of the case.
“If they arrest Malema, the country will not be the same,” another supporter said. “People will respond.” Some drew comparisons to the July 2021 unrest.
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Supporters also accused the National Prosecuting Authority of selective prosecution, questioning why Malema faces trial over the 2018 incident while Cyril Ramaphosa has not been criminally charged in relation to the Phala Phala scandal.
Police maintained a strong presence inside and outside the court, monitoring the situation as supporters vowed to remain until Malema leaves the premises.
