Appeal launched after Julius Malema sentenced to five years

An application to appeal the conviction and sentence is underway after EFF leader Julius Malema was sentenced to five years in prison.

In a scathing rebuke while sentencing Malema, magistrate Twanet Olivier lambasted the insinuation that the leader of the red berets discharged the firearm that landed him in hot water as a celebratory gesture.

Malema has been sentenced to five years for unlawful possession of a firearm, two years for unlawful possession of ammunition, R20,000 or six months imprisonment for unlawful discharge of a firearm, failure to take a reasonable precaution to avoid danger to a person or property, and reckless endangerment to a person or property.

All the other counts will run concurrently with the five-year sentence for unlawful possession of a firearm, effectively meaning he is sentenced to five years’ direct imprisonment. The application for leave to appeal is under way.

Delivering the sentence on Thursday morning in the East London magistrate’s court in KuGompo City, Olivier said what was of great concern to the court was that an event was planned and what appeared to be a unique picture of the event “ended up being an offence”.

Oliver said: “Clearly planning of this nature is in contrast with the law.

“It is not the thinking of the court but the facts before court. It wasn’t an impulsive act, as the state has pointed out. It wasn’t impulsive or out of anger.

“It should take considerable planning as to how, when and exactly at what time you will take possession of the firearm and where you will fire it from. To reason otherwise is nonsensical,” Olivier said.

Malema, 45, president of the EFF, pleaded not guilty to charges related to discharging a firearm during the party’s birthday celebrations in 2018.

After an unsuccessful application last year for a discharge of the case after the state wrapped its case, in January Malema was found guilty of five charges, including the unlawful possession of a firearm and ammunition, discharging a firearm in a built-up area and reckless endangerment.

On Wednesday the state and defence made arguments for custodial and non-custodial sentence, respectively.

The lengthy trial also saw an application for Olivier to recuse herself, with Malema arguing she had prejudged him.

That application was also unsuccessful.

Olivier said Malema’s conduct was contrary to the constitution and he had betrayed the public’s trust.

“The decision to break the law was made with the approval of the accused person and the leadership. The accused had known it was unlawful and proceeded to fire the shots. The decision was made long before the action. Such acts can never be condoned by the courts. The action cannot be justified as celebratory shots,” the magistrate said.

Olivier said much has been said regarding other offenders who have committed acts of a similar nature.

The political agenda was raised by the accused but those are not facts before this court. The two don’t collide,

—  Magistrate Twanet Olivier.

She said she was not in a position to answer for those matters, as she can only look at the matter before the court.

The magistrate said the type of offence Malema was convicted of cannot be condoned, saying it is not conducive to the interests of society.

She said another aggravating factor was the money involved in the matter, saying taxpayers have been on the receiving end, but added she does not put it at the feet of the accused.

Oliver said she agreed with submissions by the defence that possession of the firearm by Malema was short, but whether it was done under a minute “the impact remains the same”.

She said it is not a political party that has been convicted, it is an individual who is CIC of the party.

She said the court heard testimony from 19 witnesses and not one witness testified about political facts.

“The political agenda was raised by the accused but those are not facts before this court. The two don’t collide,” Olivier said, adding the judiciary will never be intimidated by politically charged elements.