EFF leader Julius Malema’s political future is still in doubt after he appeared for the first part of his sentencing at the East London Magistrate’s Court.
Malema was found guilty of the unlawful discharge of a firearm at an EFF rally at the Sisa Dukashe Stadium in Mdantsane, Eastern Cape, in 2018. The court is weighing submissions from both the state and the defence before imposing sentence, which will continue on 15 April 2026.
Malema faces 15 years behind bars after he was convicted last year of unlawful possession of a firearm‚ unlawful possession of ammunition‚ discharging a firearm in a built-up area or public place, and reckless endangerment of people or property.
While EFF members chanted struggle songs outside the court, the AfriForum were pleading for jail time.
The magistrate emphasised the gun violence struggles in South Africa and the importance of assessing both the risk of re-offending, despite this being his first offence.
“What is unique in this country is the prevalence of gun-related violence. The court must consider the risks of committing a crime again and the consequences of such conduct,” said Magistrate Twanet Olivier.
A father of three, 19 , 9 and 7-year-old, the state argued that any humiliation or reputation harm suffered by Malema stemmed directly from his conviction.
“The humiliation arose from the conviction.”
The social worker maintained that putting him behind bars might be the downfall of his political party, his family, and those whom he supports through community outreach.
The prosecutor reminded the court that Malema was “the author of his own misfortune” when he engaged in the illegal act.
“He chose to take up a firearm and fire shots. That decision directly resulted in these consequences. Even if some outcomes were unintended, they were foreseeable,” the state said.
Social worker Jessie Thompson said no one was harmed, and in this case, the firearm was not obtained with the intention to commit other crimes or to contribute to ongoing violence in the country.
“There was no violence, no injury. The danger lies in the risk created. The absence of injury does not remove the unlawful nature of the conduct or the potential for catastrophic consequences.”
The matter was postponed until 15 April, and counsel for the defence and the State are expected to file their final heads of argument for sentencing no later than two weeks prior to the next court appearance.
EFF leader Julius Malema outside East London Magistrate’s Court // Picture: EFF/X
Bongi Sikelo 