Julius Malema to Face Pre-Sentencing Hearing Amid Gun Law Violations

EFF leader Julius Malema faces a crucial week in court as he returns to the East London Magistrate’s Court for pre-sentencing hearings after being found guilty of violating several gun laws.

The pre-sentencing proceedings, set for this week, follow last year’s judgment in which the same court convicted Malema on charges linked to his conduct at the EFF’s fifth anniversary celebration in 2018. The matter relates to allegations that he fired live ammunition into the air, endangering those around him, and that he was in illegal possession of a firearm. Malema had initially claimed he was using a toy gun.

Some legal experts have suggested that, given the seriousness of the offences under the Firearms Control Act, he could face a sentence of up to 15 years in prison.

EFF mobilises, calls charges ‘politically trumped-up’

The EFF has called on its members to pack the courtroom on Friday, urging supporters to stand behind their leader. The party has dismissed the case as based on “politically trumped-up charges” and described the court’s ruling as an irrational judgment.

The visibly organised show of support is part of a broader political response as Malema, one of the country’s most recognisable politicians, fights to avoid a prison sentence that could also end his parliamentary career.

Possible end of Malema’s parliamentary career

Political analyst André Duvenhage believes the stakes could hardly be higher for the EFF leader.

“Malema 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.

“If he is found guilty, for more than a year, he will lose his pos­i­tion in par­lia­ment,” Duvenhage said.

Under section 47 of the Constitution, a person cannot be a member of the National Assembly if they have been convicted of a crime and sentenced to 12 months or more in prison, without the option of a fine. This means a sentence of a year or more would automatically cost Malema his seat.

Duvenhage warned that the final sentence could effectively dismantle Malema’s political career and remove him from Parliament, although he noted that Malema might still try every available legal avenue to delay or soften the outcome.

Shifting political fortunes and EFF’s fading edge

Beyond the courtroom, Duvenhage argued that Malema’s political influence has already weakened, particularly since the formation of the uMkhonto weSizwe (MK) party.

“Des­pite the fire­arm case, Malema appears to have lost his influ­ence in the coun­try’s polit­ical land­scape, espe­cially since the form­a­tion of the uMk­honto weSizwe party,” he said.

“The EFF is no longer the vibrant organ­isa­tion we have come to know. It seems the tide is going against it. Where they still have sup­port is in stu­dent com­munit­ies like uni­versit­ies and col­leges.

“There is also a huge lead­er­ship prob­lem in the EFF with the depar­tures of senior lead­ers.

“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.”

According to Duvenhage, if Malema ends up outside Parliament, he is still likely to explore “survival strategies” to keep both himself and the EFF politically relevant, while trying to avoid imprisonment.

Court to weigh seriousness of gun offences

Legal analyst Mpilonhle Baloyi, speaking to the SABC, said Malema’s case is being taken very seriously, given South Africa’s ongoing gun-related violence, including high levels of murders and shootings.

“There are incid­ents of shoot­ings that we hear about on a dayto-day basis so, to answer the ques­tion on the ser­i­ous­ness of the offence, it’s 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.

Baloyi explained that the current phase is focused purely on what punishment should follow.

“Accord­ing to Baloyi, the pre-sen­ten­cing hear­ing 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.”

What the magistrate will consider

Baloyi said the magistrate will be guided by three core pillars when deciding on an appropriate sentence:

• The nature of the offence committed
• The circumstances of the accused
• The interests of society

“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,” said Baloyi.

He added that other factors will also be examined before a final decision is made. These include:

• A social worker’s report on Malema
• Whether he has shown remorse for his actions
• His personal circumstances, including whether he is a first-time offender
• Whether anyone was harmed during the incident
• What form of rehabilitation might be appropriate

“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 first­time offender, whether any­one was harmed and the type of rehab­il­it­a­tion that could take place,” Baloyi said.

A decisive moment for Malema and the EFF

As Malema heads to the East London Magistrate’s Court with EFF supporters expected to gather outside, the case now stands at a decisive point. The conviction is already on record; what remains is the length and nature of the sentence – and whether it will remove him from Parliament and further alter South Africa’s political landscape.

Whatever the outcome, the pre-sentencing hearings this week will not only shape Malema’s personal future, but also test the EFF’s ability to rally around its leader at a time when analysts say its momentum and internal stability are under strain.

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