Malema sentencing: 15-year sentence is ‘too harsh’ — lawyer

EFF leader Julius Malema’s lawyer on Wednesday morning told the East London Magistrate’s Court that imposing a jail sentence on Malema for possessing a firearm for “celebratory purposes” would be contrary to the law. Malema, who last year was found guilty of unlawful possession of a firearm, on Wednesday morning appeared in the East London court for sentencing. The case stems from a 2018 incident where Malema, during an EFF event in KuGompo, formerly known as East London, fired the gun of a bodyguard into the air.

Malema’s lawyer, Advocate Laurance Hodes, on Wednesday told the court that sending Malema to jail 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.

A 15-year jail sentence, Hodes said, would have been appropriate had Malema used the firearm to commit serious offences such as murder or robbery. The court, Hodes said, should take into account that Malema has never been convicted for any crime that involved violence. The only appropriate punishment for Malema, Hodes said, would be a suspended sentence.

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However, the State, which has called for a 15-year sentence, earlier told the court that apart from committing a crime, Malema, during court proceedings, had been disrespectful. “He treated proceedings with contempt; he refused to cooperate with investigators. He blamed everyone except himself. The court must ensure justice is done,” the State said.

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