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WATCH: JJ Tabane questions role of Constitution as Julius Malema arrives in court for firearm discharge pre-sentencing

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By Marcus Moloko


Political commentator, businessman, and television presenter Professor Dr Onkgopotse JJ Tabane was among the hundreds of supporters and journalists outside the East London Magistrate’s Court on Friday, as EFF party president Julius Malema prepared for pre-sentencing in his firearms discharge case.

Video by: @SixoGcilishe

“Should the Constitution or the court be used as a political football?” asked Tabane.

Malema was convicted last October of violating the Firearms Control Act and faces sentencing after being found guilty of unlawful possession of a firearm and ammunition, discharging a firearm, and reckless endangerment.

Tabane, speaking to reporters, stressed the broader significance of the moment

“A historical moment like this should not pass you by. You’ve got to be there to observe, to see how this takes the country forward. I believe that it’s not even about the EFF. Today it may be Julius Malema, tomorrow it will be you or me. So we’ve got to be here to make sure that we protect what the Constitution wants in this country,” he said.

His words carried a warning about the dangers of politicising the judiciary.

“Any judge has to be aware of the consequences of their decision,” Tabane added, noting that arguments for both mitigation and aggravation of sentence would be weighed.

“[The magistrate] must take account of all those arguments and try to be fair. I’m not for prejudgment of whatever she’ll come up with, but the facts will bear us out.”

Meanwhile, East London’s central business district was awash in red.

Supporters, clad in EFF regalia, berets, shirts, and carrying flags, marched through Currie Street, chanting slogans of solidarity.

Crowds also gathered at East London Airport, awaiting the arrival of their leader with songs and slogans that underscored the party’s defiance.

Malema, who is in court, has roped in seasoned advocate Tembeka Ngcukaitobi for the proceedings and appeal.

Video: From the EFF

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