The Economic Freedom Fighters (EFF) leader, Julius Malema has been afforded a fighting chance after he was granted leave to appeal his five year sentence.
Julius was recently found guilty and convicted for carrying an illegal firearm and firing it in public. His legal team immediately appealed at the East London High Court, which worked in his favour. Julius has now been released on a warning.
The political leader and his legal representative, Advocate Thembeka Ngcukaitobi, had already revealed that they would be appealing whatever verdict is thrown to them, custodial or not. Malema made his appearance on Thursday morning in a packed courtroom in front of Magistrate Twanette Olivier to hear his sentence.
Also see: State seeks 15-year jail term in Julius Malema’s firearm case
Handing down the sentence, the magistrate said the court has had sufficient time to read, peruse, and digest what has been presented by the defence. It was further added that in reaching the verdict, the court considered several factors including the seriousness of the offence and that Julius was a first-time offender with no outstanding offences.
“The sentence imposed should fit the offender as well as the crime. It must be fair to society and blended with a measure of mercy according to the circumstances of each matter,” said Twanette.
Before handing over the judgement, the magistrate said it was “nonsensical” that the defence was “sugar coating” the discharge of the firearm as a celebratory shot, adding that Julius knew what he was doing was unlawful.
Also see: Julius Malema speaks out about his friendship with Ze Nxumalo
On count one, unlawful possession of a firearm, he has been sentenced to five years of imprisonment. On count two, unlawful possession of ammunition, the magistrate said two years imprisonment. Count three; discharging a firearm, the magistrate said a R20 000 fine or six months of imprisonment. Count four, failure to take reasonable precautions to person or property, he was charged a R20, 000 fine or six months imprisonment. Finally count five, reckless endangerment to person or property, he was charged a R20, 000 fine or six months imprisonment.
Malema’s case first came in front of the magistrate after lobby group AfriForum laid charges against him under the FireArm Control Act. This happened at the fifth anniversary celebration of the EFF, where Julius allegedly fired a rifle in front of thousands of supporters at Sisa Dukashe Stadium in Mdantsane in 2018.
Also see: Julius Malema faces possible jail term and parliamentary ban
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