East London, Eastern Cape – Economic Freedom Fighters (EFF) leader Julius Malema has issued a defiant message to his supporters, urging them not to panic as he prepares for a crucial sentencing hearing that could significantly impact his political future. Malema, convicted on five firearm-related charges, has pledged to exhaust all legal avenues to avoid incarceration, including immediate appeals to higher courts.
Speaking to eNCA last night from KuGompo, East London, where he is due to appear for sentencing arguments, Malema sought to allay the fears of his fervent base. He made it clear that any decision by the East London magistrate’s court to impose a jail term would be met with an immediate appeal, signalling a protracted legal battle ahead.
“Justice will prevail and should anything go wrong, there’s still recourse. It’s still going to be a long way to go. It’s not something that should give people palpitations. It’s due process. I’ve indicated that I will appeal,” Malema stated, exuding confidence despite the gravity of the situation.
This stance is consistent with his earlier pronouncements. Just a week prior, in an interview with SABC, Malema had meticulously outlined his legal strategy to remain out of prison. He revealed plans to deploy two distinct legal teams: one stationed at the magistrate’s court in KuGompo and another poised at the Bhisho High Court, approximately 65 kilometres away. This dual-team approach is designed to facilitate a swift appeal against the gun-related charges he faces.
“If they send me to prison, I will appeal immediately,” he reiterated during the SABC interview, underscoring the urgency and determination behind his legal preparations.
Malema elaborated on the intricate steps his legal representatives would undertake should the magistrate rule against him. “I will have a team in East London and a team in Bhisho, the same day. Once [magistrate Twanette Olivier] says I must go to jail… we will apply for leave to appeal, and once she rejects it, the Bhisho team will petition the high court and send us proof that they had [done so]. We will then give that petition and immediately apply for bail, and if she refuses to grant that bail, we will also petition the high court. The judge who deals with urgent matters in Bhisho will have to hear why such bail is denied.”
The EFF leader further explained the legal principle underpinning his strategy: “If bail is then granted, then it would be business as usual, because appeal suspends the decision of the lower court.” This highlights a critical aspect of South African law, where the lodging of an appeal can temporarily halt the execution of a lower court’s judgment, allowing the appellant to remain free until the appeal process is concluded.
Malema’s conviction in October last year encompassed five firearm-related charges. These include unlawful possession of a firearm, unlawful possession of ammunition, and firing a weapon in a public area. The charges stem from an incident in 2018 during an EFF event held in KuGompo, where Malema was seen discharging what appeared to be a rifle.
The impending sentencing has galvanised the EFF, with thousands of supporters expected to converge on KuGompo. The outcome of this case is widely seen as a pivotal moment that could define not only Malema’s political trajectory but also the future of the party he leads. The mobilisation efforts are already evident, with EFF merchandise vendors and supporters gathering at the Jan Smuts Stadium by yesterday afternoon.
Simthembile Madikizela, the party’s provincial secretary, confirmed the scale of the planned demonstration. He stated that at least 2,000 supporters from within the Eastern Cape province would be transported to East London for the court proceedings. Madikizela also noted that the party had consciously decided against inviting supporters from other provinces, opting instead to focus their resources and attention on preparations for the upcoming local government elections.
The legal proceedings have been protracted, with the matter having been enrolled in court four years ago. Throughout this period, the state has called a total of 19 witnesses to present its case. Notably, Malema’s co-accused, former bodyguard Adriaan Snyman, was acquitted of all charges, leaving Malema as the sole defendant facing conviction.
Earlier this year, the case experienced a delay to allow both the state and the defence adequate time to prepare their arguments in aggravation and mitigation of sentence. This preparatory phase is crucial as it allows both sides to present factors that could influence the severity of the sentence handed down by the magistrate.
National Prosecuting Authority (NPA) spokesperson Luxolo Tyali provided insight into the immediate schedule of the court proceedings. He confirmed that Malema’s sentencing hearing would span two days, with the initial focus on oral arguments. “The state has now submitted its heads of argument to the magistrate, and so has the defence,” Tyali explained yesterday. “On Wednesday and Thursday, these written arguments will be done orally before court. If the magistrate has anything she would need clarity on, she will then be able to ask those questions.”
Tyali concluded by stating, “Then, depending how ready she is, the magistrate will deliver her sentence.” This indicates that the magistrate, Twanette Olivier, will take time to consider all arguments before delivering her final decision.
Legal experts across the country are closely watching the developments, acknowledging that the outcome of this case carries significant implications for Malema’s political career. Advocate Vuyo Booysen, deputy registrar for legal services and compliance at the University of Free State, offered a stark assessment of the potential consequences.
“It would be a different scenario if he gets a fine or a suspended sentence,” Booysen remarked, highlighting the distinction between various sentencing options. He further clarified, “He would have leeway as he could still be a member of parliament despite such sentence.” However, Booysen unequivocally stated that “a custodial sentence will effectively end Malema’s ability to hold public office.” This underscores the high stakes involved for the EFF leader, as a jail term would not only remove him from active politics but also potentially bar him from future electoral participation.
The coming days in East London are set to be a crucible for Julius Malema, with his legal fate inextricably linked to his political destiny and the future direction of the Economic Freedom Fighters. The nation watches as the legal process unfolds, awaiting a judgment that promises to resonate far beyond the confines of the courtroom.
