DIVIDED is mzansi following the sentencing of EFF’s leader Julius Sello Malema.
The KuGompo City Magistrate’s Court found him guilty for firing a weapon at his party’s political rally in 2018, attended by thousands of supporters.
In handing down the judgement, Magistrate Twanet Olivier on Thursday, sentenced Malema to an effective five years in jail after finding him guilty of violating the nation’s gun laws and other offenses.
The sentence of more than 12 months in prison without the option of a fine will disqualify Malema from serving as a lawmaker in parliament if he fails to have the judgment overturned.
He was also fined on some counts. He’s filing an appeal — a process that can take years to conclude.
His legal team is now expected to petition a higher court for leave to appeal the conviction, a process that must be initiated within 21 days.
Malema, who must thank his top legal team for appealing the sentence, had argued through his lawyer Laurance Hodes, that the trial court made significant legal and factual errors. The defence maintained that the State failed to prove its case beyond reasonable doubt, and misapplied the law relating to circumstantial evidence.
“We submit that the accused has not only a reasonable but a good prospect of success on appeal, and this application for leave to appeal against the convictions ought to be granted,” Hodes argued in court.
However, in a detailed ruling, Olivier dismissed the application to appeal the conviction, stating that the court remained confident in its original findings.
“With regard to the decision with regard to conviction, this court abides by its decision as stated on record. This court has not had a change of heart and clearly stands firm on its decision to convict. Therefore, leave to appeal in respect of the conviction is not granted.”
The magistrate emphasised that courts must carefully assess whether there were reasonable prospects that another court could reach a different conclusion, referencing established case law governing applications for leave to appeal.
Olivier explained that the test was not whether an appeal would succeed, but whether there was a realistic chance that a higher court may come to a different outcome based on the facts and the law.
Despite denying leave to appeal the conviction, the court took a different view on the sentence imposed.
“However, with regard to sentence, after listening carefully to the address placed on record in respect of sentence, there is always a possibility that another court may come to a different conclusion regarding sentence… therefore leave to appeal sentence in this matter is granted,” Olivier ruled.
The court further addressed Malema’s bail status, confirming that he would remain out of custody pending the outcome of the appeal process.
“The court has no intention of changing the status of yourself, and therefore you remain on warning pending the outcome of the appeal,” Olivier said.
Afriforum that opened the case against Malema, said they were happy with the outcome, so was DA’s federal leader Geordin Hill-Lewis, who said the law must set the precedent.
Patriotic Alliance leader Gayton McKenzie, who is at loggerheads with Malema, said despite their political differences, wishes him nothing bad, because ‘jail is not a nice place’.
Image provided (Julius Sello Mamela, EFF’s leader, recorded consulting with one of SA’s top legal minds Tembeka Ngqukaitobi, at the KuGompo City Magistrate’s Court that found him guilty for firing a weapon in 2018.)
