The spotlight will be on the East London Magistrate's Court on Friday.
South Africans are divided over what sentence EFF leader Julius Malema should be given for violating the country’s gun laws.
Malema will appear at the East London Magistrate’s Court on Friday, where his pre-sentencing hearings will begin. He was found guilty of violating the law by being in possession of an illegal firearm and being reckless while endangering the lives of others.
This stems from his party’s rally in 2018, when he fired several rounds into the air. He allegedly did this to rouse up the crowds at the gathering.
The maximum sentence for violating the Firearms Control Act is 15 years in prison, but some believe he could come out with a slap on the wrist.
This case comes at a time when the country’s judicial independence has come under the spotlight, along with that of other state agencies, following allegations by KwaZulu-Natal provincial police commissioner Lieutenant General Nhlanhla Mkhwanazi.
Duduzane Zuma and AfriForum
Lobby group AfriForum recently told The Citizen that it expects a fair sentence for Malema and believes a fine would set a wrong precedent for the country.
“He should receive a fair sentence which is suitable for the charges that he has been found guilty of. If you look at these charges, for instance, the possession of an illegal firearm is a serious charge. If he gets away with a fine, it will send a very bad message to the rest of South Africa and reinforce people’s perceptions that certain politicians, and others who are politically connected, are above the law. That will be a travesty of justice,” said AfriForum spokesperson Jacques Broodryk.
“I have faith in the criminal justice system, and if I look at the minimum sentence for these types of charges, I do believe that Mr Malema will receive a prison sentence. How long will that be is in the magistrate’s hands?
“Our point of view is that we cannot afford to live in a country where a perception is created that there are rules for certain types of people and rules for others, that creates a dynamic of another group oppressing the other,” he added.
The EFF has appealed to South Africans to support Malema at the hearing. Scores of supporters are expected to be at the East London Magistrate’s court in solidarity with their commander-in-chief (CIC).
Duduzane Zuma, the son of MK party leader and former president Jacob Zuma, has also thrown his support behind Malema, suggesting that the EFF leader is being persecuted in the courts.
“First, it was me, and they kept quiet. Then it was my father, and they kept quiet. Now it is Julius Malema, and I will not keep quiet. I stand in solidarity with you, Julius, even if I stand alone,” he said in a post on X.
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Constitutional framework and implications
Theo Neethling, a political analyst at the University of the Free State (UFS), recently told The Citizen that the court case has significant implications for Malema’s career and the country’s constitutional framework.
“What started as a legal issue now has extensive ramifications for the stability of the party, the continuity of its leadership and public trust in the legal system.
“The EFF is closely tied to Malema’s individual charisma and political influence. If he were to be sentenced to more than 12 months in prison without the option of a fine, he would be barred from parliament, creating a critical leadership gap.
“He will most certainly appeal such a sentence,” said Neethling.
Neethling said a negative outcome for Malema would also see the EFF lose its strategic direction, and believes there is no one who has been positioned to take over should Malema receive a hefty sentence.
“His absence could consequently disrupt the party and alter its representation in parliament. Politically, the EFF is poised to use the case to rally its supporters by presenting it as politically motivated racial persecution.
“While this narrative may strengthen the party’s core supporters in the short run, it also risks exacerbating feelings of institutional distrust and political division.
“Simultaneously, detractors contend that the conviction reinforces the view that the EFF encourages violence and disorder, which undermines its claims to moral and political authority.”
According to Neethling, the case has emerged as a symbolic measure of whether influential political individuals are truly accountable to the law.
“Civil society organisations perceive it as a reinforcement of accountability, whereas Malema’s ongoing criticisms of the judiciary raise alarms about diminishing public trust in the legal system,” he said.
Safety in court
AfriForum has also called for heightened security at the East London Magistrate’s Court on Friday, in particular to protect the magistrate, Twanet Olivier.
“The EFF has in the past proven itself to be quite radical and violent. If I look at past court appearances, Mr Malema has had aggressive outbursts against the judge. I myself have received several threats while attending these court proceedings, so I think it would be good for the judge to get extra security and to step up security,” said AfriForum’s Broodryk.
The pleas come just days after five people were shot and two died at an incident outside the Booysens Magistrate’s Court in southern Johannesburg on Wednesday.
This incident has been condemned by the provincial legislature committee on community safety.
“Such a grave lapse raises urgent questions about security protocols and the performance of the contracted private security company responsible for safeguarding the premises,” said the committee’s chairperson, Bandile Masuku.
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