By Thapelo Molefe and Charmaine Ndlela
Economic Freedom Fighters (EFF) leader Julius Malema said Wednesday he would challenge any “unfavourable” ruling as his case continues in the East London Magistrate’s Court.
Malema addressed supporters outside court after proceedings in a matter in which he was convicted of unlawful possession of a firearm and ammunition, and of recklessly discharging a firearm in a built-up area during a 2018 rally in Mdantsane.
Speaking to supporters, Malema said he was confident he would not be detained and indicated the legal battle would continue beyond the magistrate’s ruling.
“So, fighters. We have come to the conclusion of the case, and the magistrate has asked that we give her chance and time. She will deliver judgment possibly, tomorrow at 9 o’ clock,” Malema told dozens of his supporters.
ALSO READ: Tshwane CFO Gareth Mnisi suspended amid tender, collusion allegations
“[However], it doesn’t matter what the outcome [will be]. The fact that there is a guilty verdict, we’re going to appeal this case until the highest court in the land.”
His wife, Mantwa Matlala-Malema, and son, Ratanang, as well as aunts, uncles, and other close family members, attended the court proceedings.
He said appealing a judgment was a constitutional right and did not signify a lack of remorse, but rather a disagreement with the court’s findings.
Malema urged EFF members to remain disciplined and refrain from discussing details of the case publicly, saying the matter was now before the courts.
He also thanked supporters who gathered outside the court and across the country, saying demonstrations were held in solidarity with him, with thousands of EFF members marching to various sites, including the Johannesburg and Northern Cape High Courts.
Malema again accused civil rights organisation AfriForum of driving the case, describing it as an attempt to silence him.
ALSO READ: Prison term for Malema would be ‘shockingly inappropriate’ says defence
“There is no doubt that capital has a central role in attempts to silence radical voices in South Africa,” he said.
“They can imprison me, but they will never imprison my ideas. They will never suppress the idea of economic freedom in our lifetime.
Earlier in proceedings, Malema’s defence counsel, Advocate Tembeka Ngcukaitobi, dismissed the State’s call for a lengthy custodial sentence as excessive.
“You cannot send someone to prison for reasons the court did not convict him of. A non-custodial sentence is therefore more appropriate in this case,” Ngcukaitobi told the court.
He argued that the context of the incident should be taken into account, noting that a single shot was discharged in a stadium of about 20,000 people. “In those circumstances, should this man be sent to prison? To suggest a 15-year sentence is disproportionate and risks inflaming public sentiment,” he said.
The State is seeking a sentence of up to 15 years’ imprisonment, contending that anything less would undermine the seriousness of the offence.
State prosecutor Advocate Joel Cesar argued that a non-custodial sentence would send the wrong message.
“It would effectively suggest that discharging a firearm, whether a single shot or multiple, carries no meaningful consequences beyond a fine,” he said, adding that case law supports direct imprisonment in comparable matters.
Ngcukaitobi disputed the State’s characterisation of the offence, submitting that there was no premeditation and that the incident occurred in a celebratory context rather than as a calculated act of violence.
He also raised concerns about the handling of the firearm, referring to what the defence described as possible non-compliance with provisions of the Criminal Procedure Act relating to seized evidence and forfeiture.
The defence argued that the manner in which the firearm was initially dealt with suggests the State did not treat the matter as serious at the time.
In January, Malema’s legal team appeared before Magistrate Twanet Olivier in mitigation of sentence, calling social worker Jessie Thompson as a witness.
Thompson, who compiled a pre-sentencing report, testified that Malema did not intend to cause harm when he discharged the firearm in Mdantsane and recommended a fine instead of a custodial sentence.
She told the court that imprisonment would not serve the interests of justice.
Proceedings are expected to continue on Thursday, with judgment anticipated.
INSIDE POLITICS