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Malema prepares for pre-sentencing over firearm discharge conviction

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Economic Freedom Fighters (EFF) leader Julius Malema will appear in the East London Magistrate’s Court on Friday for pre-sentencing in his firearms discharge case.

He was convicted last year on charges of unlawful possession of a firearm, unlawful possession of ammunition, discharge of a firearm in a built-up area, failure to take reasonable precautions to person or property and reckless endangerment to person or property. The matter related to his discharging of a firearm at the EFF’s fifth anniversary celebration in 2018.

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Malema confirmed during Parliament’s Ad Hoc Committee that he had been in consultation with his legal team ahead of his Friday appearance.

The pre-sentencing process has already involved a social worker’s report, which, according to Malema, concluded that he remained unremorseful for his actions. The assessment could weigh against him when the magistrate considers the appropriate penalty.

Legal analyst and advocate Mpilonhle Baloyi has warned that Malema faces a slim chance of escaping a sentence.

“…at the core, it’s important to understand what the charge is about and what offence is being committed”.

Baloyi explained how the Firearms Control Act provided clear prescriptions on firearm usage and regulation. He said the country had an “issue” with firearms and the court would be expected to take this matter seriously.

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Speaking on an EFF podcast, Malema said he was unshaken by the upcoming court appearance and continued to protest his innocence.

He maintains the case was politically motivated, pointing to the involvement of Afrikaner lobby group AfriForum, which initially brought the matter forward.

Malema has argued that the three-day-long judgment delivered in October was determined by emotion rather than law.

He has vowed to appeal the conviction, asserting that a higher court will vindicate him.

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