Therefore, the court had to send a clear message no one is above the law, said AfriForum CEO Kallie Kriel in reaction to the EFF leader’s sentence of five years’ direct imprisonment. The East London Magistrate’s Court convicted him of multiple firearm-related charges on Thursday (16/4).

He was found guilty of five counts of discharging an illegal firearm in public during the EFF’s fifth birthday celebrations at the Sisa Dukashe stadium in Mdantsane in 2018.

“This judgment reinforces the principles of accountability and equality before the law,” said Kriel. “This ruling should serve as a warning to politicians and others who contravene the law: they will be held accountable.”

Although it took eight years for justice to prevail, “this outcome demonstrates that persistence matters”, he added. AfriForum would continue to fight for justice and to ensure the criminal justice system fulfils its mandate without fear, favour, or prejudice.

Delivering judgment, Magistrate Twanet Olivier confirmed Malema will serve five years on Count 1, while Count 2 carries a two-year sentence. The court also imposed fines of R20,000 each for Counts 3 to 5.

The newly elected DA leader and executive mayor of Cape Town, Geordin Hill-Lewis, has welcomed the sentencing of Malema, "I welcome the sentencing in the matter related to Julius Malema’s illegal use of a firearm. Gun violence is out of control in South Africa." 

"The sentence today also sends a clear message in South Africa that no one is above the law. So, today is a good day for the rule of law in South Africa.”

Legal expert Ulrich Roux said a five-year prison term for conviction on these offences sent a clear message that SA’s courts will no longer tolerate any firearm-related offences. “And it certainly should act as a deterring factor for any would-be offenders …”

During sentencing, a magistrate must consider the accused’s personal circumstances, the severity of the offence, and the message that is sent out to society, he said. “I think she considered those three factors, and that (a) balanced sentence was handed down.”

The FF Plus welcomed the sentence, saying it confirmed the rule of law still prevailed and that no one is above the law, said FF Plus MP Heloïse Denner.

The Constitution provides no one may serve as an MP if he or she is sentenced to twelve months or more imprisonment without the option of a fine, regardless of whether the sentence is suspended.

“However, Malema’s sentence is subject to an appeal process,” added Denner. “Pending its finalisation, he will still be able to serve as an MP. It’s important to understand this legal position.

Her party would monitor the progress of the case closely. “If the outcome justifies it, (we) will insist that Malema be removed from parliament in terms of the constitution to protect the integrity of the National Assembly.”

OFM News/Zenande Mpame

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