North-West University political analyst Prof. André Duvenhage said the convicted EFF leader is buying time and mobilising political support against the justice system. Magistrate Twanet Olivier sentenced the 45-year-old to five years’ direct imprisonment in his firearm handling and discharge case in the East London Magistrate’s Court on Thursday (16/04).

Olivier sentenced Malema to five years’ imprisonment on Count 1, which he will serve concurrently with the two-year sentence on Count 2. In addition, the court imposed fines of R20,000 each for Counts 3 to 5. He was granted leave to appeal and will remain out on warning pending the outcome of his appeal.

The sentence was delivered in a packed courtroom, while supporters of the EFF gathered outside in a show of solidarity. In October, Malema was convicted on five counts, including contravening the Firearms Control Act after firing live ammunition during the party’s fifth birthday celebrations in Mdantsane in 2018.

“For the moment, Julius Malema is a free man, depending on what happens with his appeal,” said Duvenhage. “The expectation is nothing will be happening in a few years’ time.

“In general, Julius Malema – like Jacob Zuma, Ace Magashule and others – are following what we refer to as the stalling strategy, undermining legal processes, playing for time, mobilising political support against legal systems …” said Duvenhage. Malema is likely to use the court ruling as a political tool to gain support at the ballot box.

Addressing supporters after the sentencing, Malema criticised Olivier, accusing her of failing to properly engage with the arguments presented before her. “We are tried by a magistrate who doesn’t read, who uses emotions, who speaks politics.

“She kept us here for so many years and comes back and blames us for disturbing the courts. We did not come to court on our own; she invited us to the court, and we responded. 

“If you don’t come to court, you get arrested. If you come to court, they say you are disturbing the court, … you must go to prison. That was not law, that was racism speaking,” he said.

Meanwhile, ACT leader and former Free State premier Ace Magashule also criticised magistrate Olivier, questioning her role and raising concerns about the case. 

“Racism is still alive. This case of pointing of a firearm, that case you can see (there are) some questions about it and I think obviously Julius Malema will actually appeal this case and I can tell you the higher court is going to decide otherwise. 

“Racism still exist in South Africa, obviously we still support Malema. I don’t think there is any justice here completely, we are back to apartheid times,” said Magashule.

The NPA, FF Plus, AfriForum, among others, welcomed the sentence, saying the court’s decision sends a clear message that no one is above the law.

 OFM News/Kekeletso Mosebetsi sm

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