The State is pushing for Economic Freedom Fighter (EFF) leader Julius Malema to serve prison time over his firing of a rifle at a party rally in the Eastern Cape.
State argues Malema’s actions endangered thousands at Mdantsane rally
The East London Magistrate’s Court began hearing sentencing arguments on Wednesday, after Malema was convicted of the offence, which took place in Mdantsane in 2018.
Prosecutor Advocate Joel Cesar told the court Malema’s actions were dangerous, arguing that firing multiple live rounds at a packed stadium put more than 20,000 people at risk.
Cesar dismissed the defence’s argument that no one was harmed, saying it was “by the grace of God” that no injuries were reported.
Prosecution calls for jail time citing leadership influence and public safety risk
Cesar also argued the incident was planned and not accidental.
He also told the court that Malema’s position as a political leader aggravates the offence.
The State is pushing for a custodial sentence, arguing anything less would send the wrong message.
“ The accused is a political leader. He’s got a huge following. Young people emulated this type of behaviour. What he doesn’t realise is that he has already opened a Pandora’s box where he creates the impression that this type of conduct is acceptable. That’s the president who said that people think they can get away with doing these types of offences.”
Defence disputes premeditation claims and challenges prosecution’s evidence
Malema’s lawyer, Advocate Tembeka Ngcukaitobi, has argued that the State is misreading the evidence and overreaching in its call for imprisonment.
He told the court the firearm case was being distorted, saying key facts show the weapon was not sourced or used in the manner the State claims, and that no individual was convicted of supplying it to Malema.
“ We say in addition to the distortion of what the actual evidence was, the evidence was not planning the offence. The evidence was about planning the event.
“That actually cases of planning and premeditation of offences usually show an element of design. How are we going to rob a shop? How are we going rob a bank? What they don’t show is the spontaneity of a firearm being given to the person one shot, which is on the evidence.”
Proceedings have been adjourned until Thursday.
