A 15-year jail sentence would have been appropriate had Julius Malema used the firearm to commit serious offences such as murder or robbery.
That was the argument presented by Malema’s legal representative, Advocate Laurance Hodes, during today’s appearance at the East London Magistrate’s Court.
The EFF’s firebrand was expected to be sentenced today, after discharging a firearm in the midst of a large crowd gathered for an EFF rally in East London‘s Mdantsane township in 2018.
On Thursday Malema will know his fate.
In his defence then Malema insisted it was a ‘toy’.
After arguments from both the state and the defence, the presiding officer, Magistrate Twanet Olivier, said she needed more time to draft the sentence.
The state insisted that Malema should get a prison sentence for 15 years for discharging a firearm in public.
State prosecutor Advocate Joel Cesar told the court that as an MP and party leader, Malema by behaving in the manner he did, set a bad precedent, particularly for young people and his followers.
“The accused has a huge following. Young people will emulate this type of behaviour. He has created an impression that this kind of behaviour is acceptable.”
“He is a lawmaker, yet he is the one who broke the law. His intention was clear: he was going to do whatever he wanted to do irrespective of the danger such conduct posed to people,” he said.
Malema’s lawyer, Adv Hodes, told the Court that imposing a jail sentence on him for possessing and discharging a firearm for ‘celebratory purposes’ would be contrary to the law.
Sending Malema to jail, Hodes said, would be grossly harsh given that the EFF leader did not use the firearm in the commission of a crime.
“There were no injuries sustained or damage to property. Also, he didn’t possess the firearm for a long period of time, it was for a brief period,” said Adv Hodes.
Heavy security was seen in and outside court, with EFF’s supporters in red, as roads were roads cordoned off.
Malema who was accompanied by his wife, and other religious leaders addressed the crowd declaring he won’t be ‘deterred and intimidated by Afrikaner young boys’ in reference to AfriForum that opened the case against him.
He also warned that “going to jail will be ok, but that revolution continues”.
Sentencing is expected to be handed down tomorrow at the East London Magistrate’s Court.
Image provided (Defiant. EFF’s leader Sello Julius Malema, recorded appearing at the East London Court, today.)
