Live: Julius Malema to appeal direct prison sentence over public firearm discharge
A 2018 rally incident has resulted in a five-year sentence for the EFF leader after the court considered firearm charges and public risk arguments.
Julius Malema has been sentenced to five years’ direct imprisonment for discharging a firearm in public during a 2018 rally in Mdantsane in the Eastern Cape.
The Witness reports the sentence was handed down in the East London Regional Court in KuGompo, where proceedings have been underway following his conviction earlier this year.
Malema was convicted in October on five charges, including unlawful possession of a firearm and discharging a firearm in a built-up area.
Sentencing outcome
Handing down the sentence, the court stressed the seriousness of the offence, noting the magnitude of the crime and that all are equal before the law and accountable to it.
The court said the sentence was reached after careful consideration, free from any interference.
For count 1, Malema was sentenced to five years’ imprisonment; for count 2, two years’ imprisonment; for count 3, a R20 000 fine or six months’ imprisonment; for count 4, a R20 000 fine or six months’ imprisonment; and for count 5, a R20 000 fine or six months’ imprisonment.
The court ordered that sentences for counts 2, 4 and 5 run concurrently with count 1, effectively resulting in a five-year direct prison term. He was also declared unfit to possess a firearm.
State arguments
During sentencing, the state, represented by Advocate Joel Cesar, argued for a custodial sentence, describing the incident as planned, calculated and executed to entertain a crowd, rather than a moment of poor judgment.
The court heard that the firearm was discharged in a densely populated residential area, releasing lethal energy with the foreseeable risk of mass injury.
Although no injuries were reported, the state argued that the conduct could not be considered benign, particularly given Malema’s position as a public representative and leader followed by millions.
Malema’s defence team was led by Advocate Tembeka Ngcukaitobi SC.
Appeal
According to a live stream of the proceedings, Malema’s defence team has applied for leave to appeal the conviction and sentence, seeking to have the matter heard by a higher court.
Court has been adjourned to 12:30 for a decision to be made.
Watch the live stream:
Watch as EFF supporters across the country show their support to their leader:
*The article was amened after it was published to reflect the conviction was in October and not in January.
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Read original story on witness.co.za
