The Eastern Cape High Court in Makhanda has granted Julius Malema, leader of the Economic Freedom Fighters (EFF), leave to appeal both his conviction and effective five-year prison sentence in a firearm case. The case stems from an EFF rally in Mdantsane in 2018, where Malema was filmed firing a rifle into the air. This decision allows Malema to challenge the conviction and sentence, which were handed down in April by Magistrate Twanet Olivier.
Malema was initially granted leave to appeal his sentence but not his conviction. In April, Magistrate Olivier sentenced Malema to an effective five years in prison after finding him guilty on five firearm-related charges. These charges included unlawful possession of a firearm, unlawful possession of ammunition, unlawful discharge of a firearm, failing to take reasonable precautions to avoid danger to a person or property, and reckless endangerment. Malema had maintained that the firearm was a toy or prop.
The case relates to the EFF's fifth-anniversary celebrations at Sisa Dukashe Stadium in Mdantsane in July 2018. During the event, Malema was filmed firing a rifle into the air. His former bodyguard, Adriaan Snyman, who was charged alongside him, was acquitted. The trial itself was lengthy, beginning in 2022 after Malema first appeared in court in 2021. The court heard evidence over 31 days before the conviction was handed down.
Malema was sentenced to five years for unlawful possession of a firearm and two years for unlawful possession of ammunition. He was also sentenced to six months' imprisonment, with the option of a R20,000 fine, on each of the remaining three charges. The sentences run concurrently, leaving Malema with an effective five-year prison term. He was also declared unfit to possess a firearm. Malema remains out of prison while the appeal process continues.
The latest High Court ruling means Malema can now challenge the conviction as well as the sentence. This development is significant as it pertains to Malema's position as a member of Parliament. A prison sentence of more than 12 months without the option of a fine can disqualify a person from serving in the National Assembly. However, that consequence only becomes relevant once the applicable appeal processes have been exhausted.
The State had opposed Malema's application to appeal his conviction, arguing that there were no compelling reasons for the matter to be referred to a Full Bench of the High Court. However, the court ruled in favor of Malema, granting him leave to appeal both the conviction and the sentence. This decision marks a crucial step in the legal process, allowing Malema to present his case to a higher court.
Malema's legal team will now prepare to argue the appeal before a Full Bench of the High Court. The EFF leader's supporters have been vocal about their backing for him, and the outcome of the appeal will be closely watched. The appeal process is expected to draw significant attention due to Malema's stature as the leader of the EFF and a member of Parliament.
Key points
- Julius Malema granted leave to appeal conviction and five-year sentence in firearm case.
- The case stems from an EFF rally in Mdantsane in 2018 where Malema fired a rifle into the air.
- The appeal process may impact Malema's position as a member of Parliament if the sentence is upheld.
