Julius Malema's lawyers will attempt to convince the court why he should not receive a harsh sentence for violating gun laws.
EFF president Julius Malema will this week attend his pre-sentencing hearings at the East London Magistrate’s Court after being found to have violated several gun laws by the same court last year.
The EFF has mobilised its members to gather in court on 23 January to support Malema on what they have described as politically trumped charges and an irrational judgment by the president magistrate.
Malema to be sentenced for gun charges
The matter stems from the EFF fifth anniversary celebration in 2018, where Malema is accused of shooting live bullets in the air and endangering the lives of those who were around. He was also charged with the illegal possession of a firearm.
Initially, Malema claimed that he had used a toy gun.
Some legal experts have estimated 15 years as the maximum sentence for violating the firearms control act.
Political analyst Andre Duvenhage told The Citizen that he believes that the final sentencing could dismantle Malema’s political career and possibly see him being removed from parliament.
“Julius is in real trouble; the only thing that he can do is what we have described as following the Stalingrad strategy. He can try to appeal and do what Zuma does in court, but that is going to be extremely difficult. I will not be surprised if we are in the last phase of Julius Malema.
“I think that he is going to get a tough decision, and we need to remember that if he is found guilty, for more than a year, he will lose his position in parliament,” he said.
What does the constitution say?
According to section 47 of the constitution, one cannot become a member of the National Assembly if they have been convicted of a crime and sentenced to 12 months or more in prison.
One can only be eligible again five years after the sentence ends.
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Is the EFF dying?
Duvenhage said that, despite the firearm court case, Malema appears to have lost his influence in the country’s political landscape, especially since the formation of the MK party.
“The EFF is no longer the vibrant organisation that we have come to know. It seems like the tide is going against the EFF. I believe where they still have support is in student communities like universities and colleges.
“There is also a huge leadership problem in the EFF. We can also talk about the departures of senior leaders of the party.
“Malema is no more the figure he was with the ability of filling stadiums and being able to mobilise 100 000 people — that time is gone — and it seems to me that in health terms he is not well.”
Duvenhage says if Malema finds himself out of parliament, he could use other survival strategies to keep his political party relevant while also trying to keep himself out of prison.
Legal analysis
Legal analyst Mpilonhle Baloyi told the SABC that this case is taken seriously by the court because South Africa has a number of gun-related problems, including murders and related matters.
“There are incidents of shootings that we hear about on a day-to-day basis, so to answer the question on the seriousness of the offence, it’s in and around the Firearms Control Act, as well as what are the procedural steps to be followed in line with the Criminal Procedure Act,” he said.
According to Baloyi, the pre-sentencing hearing process will help the magistrate arrive at a reasonable and justifiable sentence for the crime committed.
“We are now beyond the trial, conviction has been granted, the next step is sentencing. So in that sentencing, there [are] pre-sentencing considerations that the magistrate needs to take into account.”
He said the magistrate will take three things into consideration: the nature of the offence that has been committed, the circumstances of the accused, and the interest of society.
Other considerations will include a social worker’s report, whether the accused has shown remorse for their crime, the circumstances of the accused, including whether they are a first-time offender, whether anyone was harmed, and the type of rehabilitation that could take place.
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