Julius Malema addressed his supporters outside the court on Wednesday. (Photo: Elisma van der Watt/ Maroela Media)
Julius Malema has indicated that he will fight the firearm case against him all the way to the highest court of the land.
The EFF leader will be sentenced on Thursday in the Magistrate’s Court in KuGompo City (formerly East London) after he was found guilty in October last year on five charges relating to the breach of the Firearms Control Act.
Malema told supporters after Wednesday’s court proceedings that, regardless of the outcome of the case, he will file an appeal to the highest court.
“And when you say you are appealing against a case, it does not mean that you do not show remorse. It means that you do not agree with the conclusion of the magistrate, and that is why you are appealing. This is allowed by the Constitution of the Republic of South Africa.”
However, Malema is confident that he will sit down to dinner at his home on Thursday night and continue with his daily tasks.
“I told a journalist in court that I would go home with them on Thursday. They would not dare to leave me at court,” said Malema.
Leigh-Ann Mathys, the EFF’s deputy secretary general, confirmed when asked that this party’s legal team is immediately ready to apply for leave to appeal, should Malema be sentenced.
The charges against Malema stem from an incident when he fired a firearm during the party’s fifth birthday celebration in the Sisa Dukashe Stadium in Mdantsane in 2018. AfriForum subsequently filed a complaint.
Julius Malema during Wednesday’s court proceedings. (Photo: Elisma van der Watt/ Maroela Media)
Malema was found guilty of firing a firearm in a built-up area, illegal possession of a firearm, illegal possession of ammunition, failure to take reasonable precautions for person or property and reckless endangerment of person or property.
Some of these offenses carry a minimum sentence of as much as 15 years.
Adriaan Snyman, Malema’s former bodyguard and the owner of a private security firm that provided services to the EFF at the time of the incident, was also prosecuted but acquitted.
Malema’s legal team asked the court on Wednesday that he should be fined rather than jailed, while the state argues that it will set a dangerous precedent if he is not sentenced to imprisonment.
EFF supporters gathered in front of the Magistrate’s Court in KuGompo city (formerly East London) on Wednesday morning where their leader, Julius Malema, appeared. (Photo: Elisma van der Watt/ Maroela Media)
Adv. Tembeka Ngcukaitobi, one of Malema’s legal representatives, told the court on Wednesday that the case was based on “misinterpretation of evidence”, especially around allegations of premeditated counsel.
Ngcukaitobi believes the state particularly relied on a quote made by Malema and took it out of context.
He also accused the state of tampering with the evidence.
“The state planted words in their heads of argument and then attributed a meaning that those words were never intended to have,” the court heard.
He added that Malema’s behavior described by the state was not consistent with typical cases of premeditation.
EFF supporters chanted “Kill the boer, Kill the farmer” in front of the magistrate’s court in KuGompo city (formerly East London) on Wednesday morning, where their leader, Julius Malema, appeared. (Photo: Elisma van der Watt/ Maroela Media)
Ngcukaitobi also noted that the state described premeditation as the “most significant aggravating feature”, arguing that if that foundation is flawed, the case for imprisonment is significantly weakened.
The defense claims misinterpretation of evidence as sentencing approaches.
The defense and the state concluded their case in the firearms case against Malema on Wednesday.
Magistrate Twanette Olivier indicated that she was more than prepared to deliver her verdict on Thursday morning.
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