EFF leader Julius Malema returns to court on Friday for pre-sentencing proceedings after being found guilty of five offences under the Firearms Control Act. Malema was convicted in October last year for unlawfully discharging a firearm during an EFF rally at Sisa Dukashe Stadium in East London in 2018. The offences include unlawful possession of a firearm and ammunition, discharging a firearm in a built-up area, failure to take reasonable precautions to protect people or property and reckless endangerment.
Legal expert Lawson Naidoo, executive secretary of the Council for the Advancement of the South African Constitution (Casac), said the convictions were serious and required careful consideration at sentencing stage. “The rule of law demands that when someone is found guilty of crimes as serious as these, the court must consider the seriousness of the offences, the history of the offender and whether there has been remorse,” Naidoo said. While the Firearms Control Act allows for sentences of up to 15 years’ imprisonment, Naidoo explained that pre-sentencing proceedings focus on aggravating and mitigating factors presented by both the prosecution and defence.
He added that a final sentence may not be handed down immediately. With comparisons already being drawn to the unrest that followed former president Jacob Zuma’s imprisonment in 2021, Naidoo was clear that political consequences may not lawfully influence sentencing. “The court cannot concern itself with what the implications of a judgment might be, especially if those implications themselves constitute unlawful conduct,” he said, adding that maintaining public order is the responsibility of law enforcement, not the judiciary.
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Political analyst Sanusha Naidu cautioned against conflating legal processes with political narratives. “The law has to apply whether you are a party leader or an ordinary citizen,” she said. Looking beyond Malema as an individual, Naidu argued that the case also raises questions for the EFF itself, pointing to internal shifts and the need for the party to rethink its leadership and political direction.
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