The defense is expected to appeal against Malema’s conviction at the Eastern Cape High Court within the next three weeks. (Photo: Elisma van der Watt/ Maroela Media)
Julius Malema, leader of the EFF, may only appeal against his sentence and not against his conviction.
This is the decision of Twanet Olivier, the magistrate hearing the case, in the magistrate’s court in KuGompo city on Thursday in the firearms case against Malema.
Malema was earlier sentenced to five years in prison on the first charge against him, two years on the second charge and a total of R60 000 in fines on the next three charges, or six months in prison per charge.
Olivier ordered that the sentences of the last four charges be served concurrently with the five-year sentence for the illegal possession of a firearm. The magistrate made it clear that Malema was released on warning and his bail was extended.
The defense is expected to appeal against Malema’s conviction at the Eastern Cape High Court within the next three weeks. Should the High Court reject the application, Malema could face prison terms.
Adv. Laurence Hodes SC, on behalf of Malema, argued during the application that Malema fired the shots simply for celebratory reasons and immediately returned the firearm to the owner. He further argued that Malema only had the weapon and ammunition for one minute and that there was no evidence that he intended to do harm.
Adv. Laurence Hodes SC, on behalf of Malema, addresses the court. (Photo: Elisma van der Watt/Maroela Media)
He also told the court that there was no DNA evidence linking Malema to the crime and that the cartridge used could not be linked to Malema.
Hodes also pointed out the lack of eyewitnesses and said Olivier erred by considering the state witnesses’ versions as credible and rejecting that of Malema.
Hodes described the sentence as inappropriate and disputed Olivier’s finding that the shooting was planned. According to him, the decision did not reflect that there were no injuries or damage to property. He referred to Olivier’s verdict as a “political speech” and accused her of not distancing herself from the politics of the case.
Prosecutor Joel Cesar opposed the application and said the application for leave to appeal would be a waste of resources.
The state asked for a sentence of 15 years, but Cesar said he was satisfied with the sentence that Olivier imposed.
“I think it’s fair,” he said.
Olivier only granted leave for Malema to appeal the sentence.
She also emphasized that the firing of the shots was carefully planned.
EFF leader Julius Malema and his wife, Mantwa Matlala, in court. (Photo: Elisma van der Watt/Maroela Media)
Magistrate accused of racism
After the proceedings, Malema addressed his supporters outside the court and accused the magistrate of racism. He called her a “notable racist” and suggested that she is a member of AfriForum.
Malema also claimed that Olivier does not write her own judgments and that someone else controls the proceedings in her court. According to the EFF leader, the defense’s simple application for leave to appeal should not have taken as long as the magistrate required.
Malema says the EFF is going to sue Olivier at the magistrates’ commission and claims that she communicated with the prosecutor about the verdict in the absence of the defence.
(Photo: Elisma van der Watt/ Maroela Media)
Malema also admitted that the EFF was prepared for the worst verdict.
“If the magistrate refused me leave to appeal against the sentence, a helicopter at KuGompo Airport was ready to fly my legal team to the Makhanda High Court for an immediate bail application,” Malema told his supporters.
A senior EFF leader is understood to have already waited at the High Court as a precautionary measure.
Twanette Olivier, magistrate who sentenced Malema. (Photo: Elisma van der Watt/Maroela Media)