Julius Malema, the charismatic leader of the Economic Freedom Fighters (EFF), will soon learn his fate. His pre-sentencing hearing commenced in East London on Friday following a high-profile conviction that could see him face significant time behind bars.
Last year, the East London Magistrate’s Court found Malema guilty of unlawful possession of a firearm, unlawful possession of ammunition, discharging a firearm in a public space, and endangerment of people or property
The charges stem from the EFF’s fifth anniversary celebrations in 2018. The legal stakes are high: Malema could receive a penalty as lenient as a fine or as severe as 15 years in prison. A sentence longer than 12 months will cost Malema his seat as a Member of Parliament.
Legal expert Ulrich Roux told Radio 702 that the court’s decision will hinge on specific judicial criteria. “The main factors that the court will consider are the personal circumstances of the accused. Then, secondly, the severity of the offence. and then, thirdly, the message that is sent out to society.”
Roux noted that Malema’s attitude toward the conviction will be a deciding factor in whether he receives a custodial sentence. “If he does show remorse, it’s going to play a big role. But if he refuses to accept responsibility and he shows no remorse, then he could very well be receiving more than 12 months imprisonment in my view,” Roux said.
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A ‘politically motivated’ case
Outside the courtroom, a sea of red flooded the streets as thousands of EFF supporters marched through East London in a show of solidarity. Speaking to the media on Friday morning, EFF spokesperson Thembi Msane dismissed the legal proceedings as a targeted attack.
“As we know, this is a politically motivated case … They are using this case, which is more than eight years old, in order to prosecute him and to put him behind bars thinking that this will stop the EFF from being the voice of the voiceless in South Africa and the diaspora,” Msane stated.
While the party maintains a defiant public image, internal cracks are beginning to show. Analysts and insiders suggest that the EFF’s reliance on Malema’s cult-of-personality could be its undoing, particularly with municipal elections on the horizon.
One insider told the Mail & Guardian that the mood within the party is increasingly anxious: “The atmosphere is tense because we support the CIC. The main problem is if he is sent to prison, the party will need a leader of comparable ability to help us perform in the local government elections. Because we have centred everything on the CIC, we now face a challenge. An EFF led by deputy leader Godrich Gardee is a dead EFF”.
Image: EFF leader Julius Malema. Credit: Gallo Images/Sharon Seretlo.
