Malema’s legal plan to avoid jail

EFF leader Julius Malema has urged his supporters not to panic as he is willing to fight tooth and nail to avoid going to jail as he awaits his fate. Speaking to eNCA in KuGompo, Eastern Cape where he is due to appear for sentencing at East London magistrates court, Malema allayed the fears of his supporters saying he will immediately appeal should the magistrate give him jail time. “Justice will prevail and should anything goes wrong there is still a recourse.

Its still going to be a long way to go. Its not something that should give people palpitations. Its due process.

I’ve indicated that I will appeal,” he said. A week ago in an interview with SABC, Malema outlined his legal battle plan to stay out of jail saying he will have two legal teams, one at the magistrates court in KuGompo and another at the Bhisho high court- some 65kms away- to help him appeal the gun-related charges he faces. “When they found me guilty in October, I said I was going to appeal, but I was waiting for sentencing.

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“If they send me to prison, I will appeal immediately. I will have a team in East London and a team in Bhisho, the same day,” he said. “Once [magistrate Twanette Olivier] says I must go to jail for whatever years, we will apply for leave to appeal, and once she rejects it, the Bhisho team will petition the high court, and send us proof that they had already petitioned the high court.

“We will then give that petition and immediately apply for bail, and if she refuses to grant that bail, we will also petition the high court. “The judge which deals with urgent matters in Bhisho will have to hear why such bail is denied. “If bail is then granted, then it would be business as usual, because appeal suspends the decision of the lower court.” He was convicted in October on five firearm-related charges, including unlawful possession of a firearm, ammunition and firing a weapon in a public area in 2018 during an EFF event in KuGompo (East London).

Thousand of EFF supporters are expected to descend on KuGompo as their party leader awaits his fate which will determine his political future and that of his party. His sentencing will be held over two days.

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