Video: Supporters see red as Malema fights 5-year jail term
Road closures, heavy police presence and emotional supporters marked the moment the EFF leader was granted leave to appeal his prison sentence.
EFF leader Julius Malema will not face immediate imprisonment after being granted leave to appeal his sentencing in a public firearm discharge matter.
Magistrate Twanet Olivier handed down a five-year prison sentence when Malema appeared in the East London Regional Court in KuGompo this morning. This sentencing follows his October conviction for the unlawful possession of a firearm, unlawful possession of ammunition, discharge of a firearm in a built-up area, failure to take reasonable precautions to protect person or property and reckless endangerment to person or property. The case stems from a 2018 rally in Mdantsane in the Eastern Cape, where Malema fired a rifle in the air.
Malema received five years’ imprisonment on count 1 and two years on count 2. For counts 3, 4 and 5, he was fined R20 000 or faced six months’ imprisonment on each count.
The court ordered that the sentences for counts 2, 4 and 5 run concurrently with count 1, resulting in an effective five-year direct prison term. He was also declared unfit to possess a firearm.
Appeal
Malema’s defence team immediately applied for leave to appeal the conviction and sentence, seeking to have the matter heard by a higher court.
Olivier said the right to appeal is fundamental, but courts must determine whether another court could reasonably arrive at a different conclusion.
She granted leave to appeal his sentence, but dismissed his bid to challenge his conviction.
Addressing the merits, Olivier said the court remained firm in its findings, but found that another court could reasonably reconsider the sentence.
“The court abides by its decision and has not had a change of heart. Leave to appeal on conviction is not granted. With regards to the sentence, there is always a possibility that a different court may come to a different decision,” said Olivier.
She added that her court will not stand in the way of that. “Leave to appeal on sentence is granted.”
Supporters gather in Polokwane
EFF supporters in parts of South Africa have rallied behind their leader. In Mpumalanga, Lowvelder posted a Facebook video, advising motorists to avoid the intersection of Kaapsehoop Road and Samora Machel Street in Mbombela due to unrest involving EFF supporters at the provincial high court.
In his home province of Limpopo, emotions ran high outside the Polokwane High Court ahead of his sentencing.
Polokwane Review reports that Malema is from Seshego, a township outside the city, where many of his supporters gathered today to show support.
A projector was set up outside the building on Bodestein Street, which has since been closed, with high police visibility.
Polokwane Review engaged his supporters, who are of the view that the court should not have found him guilty or imposed any direct imprisonment, due to the bearing this would have on their welfare.
They are also of the view that the discharge of a firearm that did not harm anyone should not result in imprisonment.
Seshego resident Koko Elizabeth Bopape said: “We are here for Julius’ court [case] because he is our child. He is taking care of us. He buys us food.”
She claimed she did not ‘think he did what he is being accused of’. “He is not of that character. I am surprised,” Bopape mentioned.
The appeal against the sentence will now proceed to the high court.
Watch as Bopape rallies behind her leader:
No incidents reported
National police spokesperson Brigadier Athlenda Mathe said in an early afternoon media statement that the marches across the country have taken place without incidents.
She attributed this to a shared commitment to upholding the rule of law and respecting the rights of others. “Public Order Policing units remain deployed across various provinces to monitor the situation and to ensure that all gatherings continue to be peaceful. These deployments are part of our standard operational approach to maintain safety and stability in the country.”
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